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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


COMPLETE  COLLECTION 


FORMS  OF  PROCEDURE 


IN  THE  SEVERAL 


Courts  flf  |1firasDlkiiia. 


BY   P.    FRAZER    SMITH, 

COUNSELLOR   AT   LAW,    STATE   REPORTER,   ETC. 


SECOND  EDITION. 


PHILADELPHIA: 

KAY    &    BROTHER, 

LAW  BOOKSELLERS,  PUBLISHERS  AND  IMPORTERS, 
17  AND  19  SOUTH  SIXTH  STREET,  EAST  STDK. 

1872. 


T 


Entered,  according  to  Act  of  Congress,  in  the  year  1862, 

BY  H.  P.  &  K.  H.  SMALL, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Eastern  District  of 

Pennsylvania. 


Entered,  according  to  Act  of  Congress,  in  the  year  1872, 

BY  KAY  &  BROTHER, 
In  the  Office  of  the  Librarian  of  Congress  at  Washington. 


Collins,  Printer. 


PEEEACE  TO  EIRST  EDITION. 


The  preparation  of  the  following  Forms  was  undertaken 
upon  the  urgency  of  a  friend,  in  order  to  supply  a  want  under 
which  the  profession  had  long  been  laboring. 

The  forms  are  based  almost  exclusively  upon  the  Acts  of 
Assembly,  having  been  prepared  directly  from  them,  and  may 
be  said  to  be  of  the  first  impression,  with  very  slight  reference 
to  any  forms  now  in  use. 

The  effort  has  been  to  use  in  all  cases  the  precise  words  of 
the  particular  Act,  although  in  some  instances  it  is  probable 
that  language  more  appropriate  and  otherwise  better,  might 
have  been  employed. 

The  object  has  been  to  furnish  forms  which  in  themselves, 
and  by  their  consecutive  arrangement,  would  enable  any  prac- 
titioner to  commence  and  progress  to  the  end  of  the  proceedings 
in  the  particular  case,  without  the  delay  or  thought  necessary 
to  prepare  a  form  for  himself. 

If  the  plan  has  been  carried  out,  as  it  was  designed,  there 
will  be  furnished  a  book  which  will  be  instructive  to  the 
younger  and  less  experienced  of  the  profession,  and  will  save 
much  labor  to  all. 

It  is  hoped,  too,  that  the  book  may  tend  to  produce 
uniformity  in  practice  throughout  the  State,  especially  in  those 
matters  in  which  the  proceedings  of  the  lower  Courts  cannot 
be  reviewed  by  the  Supreme  Court. 

(5) 


PKEFACE    TO    FIRST    EDITION. 

The  arrangement  has  been  made,  as  nearly  as  may  be,  to 
correspond  with  the  arrangement  of  Pardon's  Digest  by 
Brightly,  and  each  form  has  a  reference  to  the  particular  page 
and  placitum  in  that  book.  For  example,  the  form  "  Agreement 
for  Amicable  Action,"  is  based  upon  the  40th  section  of  the 
Act  of  June  13,  1836,  found  in  Brightly's  Purdon,  page  24, 
placitum  14.  Directly  under  the  title  of  this  form,  therefore, 
will  be  found  "P.  24,  pi.  14,"  and  so  throughout. 

Except  in  a  few  instances  each  form  is  complete  in  itself;  it 
is  therefore  made  up  without  reference  to  any  other;  and 
assumed  full  names  of  the  parties  to  the  proceeding,  instead  of 
single  letters,  are  inserted. 

There  are  no  forms  of  Conveyancing,  and  very  few  of  Plead- 
ing, and  those  directly  or  indirectly  connected  with  the  prac- 
tice under  the  Acts  of  Assembly. 

Forms  for  decrees,  aivards,  &c.,  which  are  frequently  pre- 
pared without  the  supervision  of  counsel,  are  also  comprised  in 
the  collection. 

The  book  has  been  prepared  with  an  amount  of  labor  which, 
if  it  had  been  anticipated,  would  have  prevented  the  commence- 
ment of  the  work. 

The  Acts  of  Assembly  and  many-authorities  have  been 
carefully  considered :  in  several  instances  the  authorities  are 
referred  to  in  a  foot  note. 

Subjects,  on  which  forms  should  have  been  prepared,  may 
have  been  passed  by;  it  is  hoped  that  there  are  no  forms  which 
will  mislead  those  using  them. 

Should  the  plan  of  this   collection   be  satisfactory  to  the 

profession,  any  suggestions  for  its  improvement  would  be  very 

acceptable. 

P.  F.  S. 

West  Chester,  Pa.,  IMarch  17,  1862. 


(6) 


PREFACE 

TO  THE  SECOND  EDITION. 


The  present  edition  comprises  all  the  matter  contained  in 
the  former  edition,  with  the  exception  of  a  single  form  under 
the  title  "Gambling,"  based  upon  the  Act  of  February  16, 
1847,  which  has  since  been  repealed  bj  the  Act  of  March  31, 
1860  (Penal  Code). 

All  the  forms  contained  in  the  first  edition  have  been  care- 
fully revised,  and  in  some  instances  amended ;  a  number  of 
new  forms  added,  some  upon  subjects  which  had  been  over- 
looked in  the  preparation  of  the  former  edition,  and  others 
rendered  necessary  for  practice  under  Acts  of  Assembly  passed 
since  1860. 

The  references  to  Brightly's  Purdon,  upon  the  same  plan  as 
those  of  the  former  edition,  have  been  amended  to  compare  with 
the  last  edition  of  Purdon  (1862) ;  the  date  of  the  passage  of 
the  Act  upon  which  the  form  is  based,  with  the  page  of  the 
Pamphlet  Laws  upon  which  it  is  to  be  found,  are  added  in  this 
edition ;  so  that  in  the  event  of  the  issuing  of  a  new  edition  of 
Purdon  at  any  future  time,  a  difficulty  heretofore  experienced 
in  identifying  the  several  Acts  referred  to  is  avoided.  For 
example,  under  the  title  of  the  form  '■'■  Agreement  for  Amicable 
Action'  will  be  found  "  P.  32,  pi.  17,  13  June  1836,  P.  L. 
579,"  by  which  it  is  indicated  that  the  Act  will  be  found  in 

(7) 


PREFACE    TO    THE    SECOND    EDITION. 

Purdon  at  page  32,  placitum  17,  and  in  tlie  Pamphlet  Laws  of 
1836  at  page  579.  In  the  preparation  of  this  edition  the 
author  has  received  very  valuable  assistance  from  George  F. 
Smith,  Esquire,  of  the  West  Chester  bar,  the  reference  espe- 
cially to  the  Pamphlet  Laws  being  entirely  at  his  suggestion 
and  by  his  labor. 

Suggestions  from  the  members  of  the  'profession  of  amend- 
ments to  the  jJresent  forms,  or  of  additional  forms  needed  in 
practice,  will  be  gladly  received,  and  will  receive  careful  con- 
sideration in  the  event  of  the  issuing  of  a  subsequent  edition. 

P.  F.  S. 

West  Chester,  May  22,  1872. 


(8> 


TABLE' OF  CONTENTS. 


23. 


24. 

25. 

18 

26. 

19  127. 

20  !  28. 
21 


ACTIONS,  PERSONAL. 

1.  Agreement   for  amicable   ac- 

tion, .         .         .         .     1( 

2.  Agreement    for  amicable  ac- 

tion and  confession  of  judg- 
ment,        .         .         .         .1' 

3.  Precipe  and  affidavit  to  hold 

to  bail,      .  .  .  .     IJ 

4.  Precipe  and  affidavit  in  tres- 

pass  against   an  unknown 
defendant, 

5.  Defendant's  bond  to  sheriff  on 

capias,       •  .  •  . 

6.  Notice  by  sheriff  of  bail,  &c., 

7.  Leave   to   deposit  amount  of 

bail  in  court  on  capias,       .     21 

8.  Notice  to  defendant  of  excep- 

tion to  bail,        .  .  .22 

9.  Notice  of  sheriff  of  exception 

to  bail,       .  .  .  .22 

10.  Notice  of  justification  of  bail,     23 

11.  Notice  of  substitution  of  bail,     23 

12.  Deposit  with  sheriff  in  lieu  of 

bail 24 

13.  Affidavit  and  precipe  for  spe- 

cial capias,         .  .  .24 

14.  Affidavit  on  insolvency  of  ori- 

ginal bail,  ,         .  .25 

15.  Rule  to  enter  ailditionnl  bail,     26 

16.  Precipe   for  special   capias  in 

default  of  bail  under  fore- 
going rule,         .  .  .26 

17.  Process    for   capias  to   arrest 

freeholder,         .         .         .26 

FRAUDULENT    DEBTOKS. 

18.  Affidavit    for  warrant    of  ar- 

rest, .  .  .  .27 

19.  Judge's  warrant,   .  .         .28 

20.  Defendant's  counter  affidavit,     29      6 

21.  Bond  for  appearance  after  ar-  7. 

rest  at  adjourned  hearing,  ,     30  i    8, 


P»g9 

Commitment  after  arrest,       .     31 

Bond  of  defendant  for  payment 
before  expiration  of  stay  on 
judgment,  .  .         .32 

Bond  of  defendant  for  payment 
after  expiration  of  stay,     .     33 

Bond  of  defendant  pending 
suit,  .  .  .  .34 

Bond  of  defendant  not  to  re- 
move property,  .  .     35 

Bond  for  benefit  of  insolvent 
laws,  .  .  .  .36 

Petition  for  leave  to  assign,   .     38 

ACTIONS,   REAL. 
Petition  for  guardian  ad  litem,     39 
Return    of   sheriff'  to  writ  of 

partition,  .  .  .  .40 

Affidavit  of  publication  of  w'rit 

of  partition,       .  .         .41 

ADOPTION. 
Petition  for  child  with  parents,     41 
Petition  for  child  without  pa- 
rents,        .  .  .  .42 
Decree  of  court  for  adoption 
of  child,  .          .          .          .42 

APPRENTICES. 

Petition  to  bind,     .  .  .43 

(Jrder  to  bind,        .  .  .     4-I- 

Petition  to  assign  apprentice,     44 
Assignment  of  apprentice,     .     45 

ARBITRATION. 

Submission,  .  .  .  .46 

Affidavit  endorsed  on  submis- 
sion, .  .  .  .47 
Arbitration  bond, .          .  .     47 
Affidavit  of  execution  of  bond,     48 

Rule, 49 

Award,  .  .  .  .49 

Submission,  reserving  law,    .     50 
Bond  in  case  reserving  law, .     50 

(0 


TABLE    OF    CONTENTS. 


9.  Award  of  facts, 

10.  Exceptions  to  award,     . 

11.  Agreemont  under  6th  section 

of  Act  of  1836, 

12.  Reference  under  Act  of  1806, 

13.  Agreement  for  rule  under  Act 

of  18(16,    .... 

14.  Award  under  Act  of  1806,     . 

15.  Notice  of  award,  . 

16.  Agreement  in  open  court, 

17.  Compulsory  rule,  . 

18.  Affi'lavit  of  service  of  rule,  . 

19.  Atlidavit  of  service  where  the 

party  cannot  be  found  and 
has  no  attorney, 

20.  Choosing     arbitrators    where 

parties  agree,     . 

21.  Fixing  arbitrators,  &c.,  where 

parties  do  not  agree, 

22.  Fixing  arl)itrators  where  but 

one  party  attends, 

23.  Proof  of  service  to  be  endorsed 

on  copy  of  record, 

24.  Adjournment  where  one  party 

attends,     .... 

25.  Entry  of  adjournment,  . 

26.  Award,  .... 

27.  Award  where  substituted  arbi- 

trator,       .... 

28.  Award  where  arbitrator  is  sub- 

stituted,   one    party    being 
absent,       .... 

29.  Award  on  death,  &c.,  of  ar- 

bitrator after  having   been 
sworn,       .... 

30.  Appeal  and  affidavit, 

31.  Recognisance  on  appeal, 

32.  Petition  of  poor  party  to  ap- 

peal without  paying  costs, 

33.  Notice  of  poor  party.  &c.,      . 

34.  Order  of  judge  allowing  poor 

party  to  a[>peal,  &c., 

35.  Withdrawal  of  appeal  by  con- 

sent, .  .  .  . 

.36.  Allowance  of  nonsuit,   . 

37.  Notice  to  railroad  company  to 

produce  books,  . 

38.  Affidavit  of  possession  and  per- 

tinency of  books  in  posses- 
sion of  railroad  company,  . 

39.  Order    of  arbitrators  to    pro- 

duce books, 

40.  Award  on  non-production  of 

books,       .  .  .  • 

41.  Award  in  account. 


Page  I 

51 
52! 

53 
54 

54 
55 
55 
56 
56 
57 


BANKS. 

1.  Certificate,     .  .  .  .69 

2.  Notice  of  application  for  char- 

ter,  .  .  .         .         • 


Page 
3.   Proof  of  publication  of  notice 

of  application,  .  .         ,72 

BONDS. 

1.  Declaration  in  debt,  assigning 
breaches  on  a  bond  to  secure 
the  performance  of  an 
agreement,         .  .  .73 

2.  Verdict  for  breaches  in  an  ac- 
tion on  a  bond  to  secure 
performance  of  au  agree- 
ment,        .         .  .         .75 

3.  Suggestion  of  further  breaches 
and  precipe  for  scire  facias,     75 

4.  Scire  facias  for  subsequent 
breaches  after  judgment,    .     77 

5.  Precipe  in  debt  on  sheriff's 
bond,  .         .  .         .79 

6.  Declaration  on  sheriff's  bond,     79 

7.  Suggestion  of  additional  plain- 
tiff before  judgment,  .     83 

8.  Verdict,         .  .  .  .83 

9.  Suggestion  of  another  party 
on  a  judgment  on  sheriff's 
bond  for  further  breaches,  .     84 

BOROUGHS. 

1.  Petition  to  incorporate  a  bo- 
rough,       .  .  .  .87 

2.  Report  of  the  grand  jury,     .      88 

3.  Order  of  court  incorporating,     88 

4.  Petition  to  change  the  limits 
of  a  borough,    ,  .         .89 

5.  Report  of  the  grand  jury,      .     90 

6.  Application  of  an  incorporated 
borough  to  become  subject 
to  provisions  of  Act  of  April 
3,  1851,     .  .  .  .91 

7.  Remonstrance  against  coming 
under  provisions  of  Act  of 
1851,         .  .  .         .92 

8.  Refusal  to  subject  borough  to 
Act  of  185i,     ...     93 

9.  Confirmation  of  application  to 
become  subject  to  Act  of 
1851,  .  .  .  .93 

10.  Complaint  for  taking  private 
property  for  the  use  of  bo- 
rough,      .         .         .  .93 

11.  Recognisance  on  complaint  for 
grievance  from  ordinance, ,     94 

12.  Complaint forwideningstreets,     95 

COLLATERAL   INHERITANCE 
TAX. 

1.  Petition  to  apportion,     .  .     96 

2.  Appointment  of  appraiser,     .     97 

3.  Notice  to  executor  of  making 
appraisement,    .         .  .98 

j    4.   Citation  to  file  account,  .      98 

72     5.   Service  of  citation,        .         .     99 


61 
62 
62 

fi3 
64 

64 

65  I 
65  I 

66 


TABLE    OF    CONTENTS. 


Ill 


6.  Application    to   the  Orphans' 

Court  on  failure  to  obey,    .      99 

7.  Citation    where    tax    has    not 

been  paid  over,  .         .100 

CONSTABLES. 

1.  Bond  of  constable,         .  .101 

2.  Deputation,  .  .  .  .102 

3.  Petition  of   surety  to  inquire 

into  conduct  of  constable,  .    102 

4.  Decree  of  court  on  complaint 

of  surety,  .  .  .103 

5.  Petition  to  require  freeholder 

to  give  security,  .  .104 

6.  Decree  for  security,         .  .104 

7.  Decree  for  removal,       .  .105 

8.  Demand   for  perusal  of  war- 

rant, .  .  .  .105 


CONTRACT  OF  DECEDENT. 
1.  Petition  to  be  allowed  to  prove 


105 


in  the  Common  Pleas, 

2.  Order  of  court  lor  notice  and 

decree  of  sufficiency  of  pro- 
bate, .... 

3.  Certificate  of  probate,    . 

4.  Petition  of  executors  for  leave 

to  execute  deed, 

5.  Decree  to  make  deed,  &c., 

6.  Petition  of  executor  to  make 

probate  of  contract,  . 

7.  Proceedings  to  prove  a  parol 

contract,   .... 

8.  Petition  for  specific  execution 

in  the  Orphans'  Court  and 
order  for  notice, 

9.  Decree,  .... 

10.  Deceased  tenant  in  common,  .    115 

11.  Bond    of  executor  conveying 

lauds  of  tenant  in  common,   116 

CORPORATIONS. 

1.  Petition  for  incorporation, 

2.  Order  for  publication,    . 

3.  Decree  of  incorporation, 

4.  Petition  to  amend  charter, 

5.  Bail  on  appeal  Iw  corporation, 

6.  Petition  for  sequestration, 

7.  Writ  of  sequestration,    . 

8.  Petition    for   discovery  of  ef- 

fects, .... 


110 


111 


113 
114 


117 
118 
119 
119 
121 
122 
123 

124 


7. 
8. 
9. 

10. 

11. 
12. 
13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 
25. 

26. 

27. 


28. 


COUNTIES  AND  TOWNSHIPS. 
1.  Execution,    .  .  .         .125 

COUNTY  AUDITORS. 

1.  Warrant    of    commitment    of  I 

witness,     .         .  •  .   126   29 

2.  Appeal  on  treasurer  from  re- 

port, .  .  .         .1271 


COUNTY  TREASURER. 

Petition  for  removal  of  county 
treasurer,  .  .  .  .128 

Decree  of  removal  of  county 
treasurer,  .  .  .128 

DECEDENTS. 
,  Suggestionof existenceof will,   129 
Citation  to  produce  will,         .    130 
Register's  citation  to  witness,    130 
Attachment    for    witness    be- 
fore register,      .  .  .131 
Interrogatories  before  register,   132 
Commission    to    take    deposi- 
tions to  be  read  before  re- 
gister,       .         .         .         .132 
Appeal  from  register,     .          .133 
Citation  to  register's  court,    .    134 
Appeal  from  register's  court, 

affidavit  and  recognisance,     134 
Recognisance     of      appellant 

from  register's  court,  .   135 

Caveat  against  will,       .  .135 

Request  for  issue  on  will,       .   136 
Citation     on     application    for 

probateof  nuncupative  will,    136 
Nuncupative    will    made     at 

home,  and  probate,    .  .137 

Probate  of   nuncupative    will 

made  from  home,        .  .    138 

Certificate  of  probate  of  will 

in  another  state,  .  .139 

Exception    to    surety    in  ad- 
ministration bond,      .  .139 
Notice    to    administratrix    of 

exceptions  to  bond,    .  .    140 

Order  of  register  on  sustain- 
ing exceptions,  .         .   141 
Order  of  register  on  adminis- 
tratrix refusing  to  give  ad- 
ditional security,        .  .141 
Letters   of   administration    de 

bonis  non,  .  .  .142 

Petition  for  guardian  of  minor 

over  fourteen,    .  .  .143 

Petition  for  guardian  of  minor 

under  fourteen,  .  .144 

Petition  to  change  guardian,  .   144 
Petition  of  executor  for  guar- 
dian for  non-resident  minor,    145 
Petition  of   foreign   guardian 

to  be  appointed  in  this  state,    145 
Petition    for    appointment    of 
guardian  of  child  of  profli- 
gate father,         .  .  .146 
I'etition    of  foreign  guardian 

to  remove  property  of  ward,   147 
Order    of    court    authori/ing 
foreign  guardian  to  remove 
ward's  property,         .         .   148 


IV 


TABLE    OF    CONTENTS. 


Page 

30.  Notice    to   resident    guardian 

of   application  for  his  dis- 
charge,     .  .  .  .149 

31.  Petition  to  discharge  resident 

guanlian,  .  .  .149 

32.  Order    of    court    discharging 

resident  guardian,      .  .150 

33.  Inventory  of  minor's  estate,  .    151 

34.  Triennial    account    of   guar- 

dian, .  .  .  .152 

35.  Petition  of  guardian  for  dis- 

charge,     .  .  .  .153 

36.  Order  of  court  on  petition  of 

guardian  for  discharge,      .    154 

37.  Order    discharging    guardian 

after  report  of  auditors,      .   155 

38.  Order    discharging    guardian 

without  auditors,        .  .155 

39.  Petition  for  removal  of  guar- 

dian, .  .  .  .155 

40.  Order  citing  guardian  on  ap- 

plication to  remove,  .  .156 

41.  Citation  to  guardian,      .  .    156 

42.  Petition  for  allowance  to  mi- 

nor, .  .  .  .  .157 

43.  Petition  for  allowance  to  non- 

resident minor,  .  .158 

44.  Petition    of   guardian  for  re- 

funding bond,    .  .  .159 

45.  Order  of  court  for  refunding 

bond,  .  .  .  .160 

46.  Refunding  bond  to  guardian,    160 

47.  denunciation  of  person  enti- 

tled to  administration,         .    161 

48.  Inventory  and  appraisement  of 

goods,  &c.,  of  decedent,     .   162 

49.  Eequest    of    widow    for    ap- 

praisers of  elected  personal 
property,  .  .  .  .162 

50.  Affidavit    of     appraisers     for 

widow,      .... 

51.  Inventory  of  widow's  election, 

52.  Certiticate  of  appraisers, 

53.  Election    by    widow  of    real 

estate,        .... 

54.  Election    by    widow    of   real 

estate  where  widow  is  ad- 
ministratrix, 

55.  Return    of    division     by    ap- 

praisers,   .... 

56.  Return  where  no  division  liy 

appraisers, 

57.  Return    of    appraisers    where 

wliole  tract  is  worth  no  more 
than  8300, 

58.  Return  of  appraisers  of  land 

under  $600, 

59.  Decree,  where  land  is  divided, 

60.  Decree,  where  whole  tract  is  I 

worth  no  more  than  §300,   168  | 


69, 


70. 


71, 


Page 


Election  by  widow  to  take  both 
personal  and  real  estate,    . 

Affidavit  of  appraisers,  . 

Inventory,     .... 

Return  of  appraisers. 

Notice  to  creditors  by  admin- 
istrator, &c.,      . 

Notice  to  corporation  of 
legacy,       .... 

Petition  of  heir  to  suspend 
collection  of  surplus  bond,    172 

Filing  bond,  &c.,  not  payable 
in  five  years,  to  continue 
lien,  .... 

Suggestion  of  interest  of  cre- 
ditor on  judgment,  &c.,  in 
favor  of  testator. 

Scire  facias  against  executor 
as  debtor  of  decedent,  upon 
suggestion  of  creditor. 

Notice  to  administrator  not  to 
pay  debts  out  of  proceeds  of 
real  estate, 

Petition  of  guardian  for  per- 
mission to  invest, 

Bond  of  administrator  to  dis- 
tribute surplus  alter  sheriff's 


74, 


76. 


169 
169 
170 
171 

171 

171 


173 


174 


174 


176 


176 


163 

79. 

163 

164 

80. 

164 

81. 

165 

166 

82. 

166 

83. 

167 

84. 

167 

85. 

168 

86. 

Petition  for  sale  of  real  estate 
for  payment  of  debts, — and 
exhibits,    ....    178 

Petition  for  order  of  sale  to 
pay  balance  on  administra- 
tion account,     .  .  .180 

Petition  for  sale,  &c.,  of  land 
in  another  county,     .  .181 

Decree  for  raising  money  on 
land  in  another  county,      .   182 

Bond  of  administrator  on  sale 
of  real  estate,   .         .  .183 

Petition  to  Orplians'  Court  of 
another  county  for  sale, 
&c.,  of  real  estate,     .         .184 

Petition  of  guardian  for  sale 
of  ward's  real  estate  for 
maintenance,     .  .  .185 

Petition  for  sale  of  minor's 
real  estate  for  improve- 
ment,        .  .  .  .185 

Petition  for  sale  of  minor's 
real  estate  being  dilapi- 
dated,       .  .  .         .186 

Appointment  of  auditor  on 
petition  for  sale,  &c.,  .   187 

Report  of  auditor  on  applica- 
tion to  sell  real  estate,        .   187 

Order  of  sale,        .         .         .188 

Return  to  order  of  sale,  .    189 

Return  to  order  of  sale  on 
failure  of  purchaser,  .   190 


TABLE    OF    CONTEXTS. 


68.   Return  to  order  of  sale  where 
no  buyers, 

89.  Conditions  of  sale, 

90.  Petition  of  purchaser  at  ex- 

ecutor's sale  to  pay  money 
into  court, 

91.  Petition  of  purchaser  to  pay 

executor,  .... 

92.  Refunding  bond  for  share  of 

real  estate, 

93.  Petition  for  clerk  to  execute 

deed  on  death  of  adminis- 
trator,       .... 

94.  Petition  for  order  to  adminis- 

trator refusing  to  make 
deed,         .... 

95.  Petition  for  clerk    to    make 

deed  after  order  to  adminis- 
trator,      .... 

96.  Petition  to  sell  unproductive, 

&c.,  lands  of  minor, 

97.  Petition    for    sale    of    land 

where  minor  is  remainder- 
man, .... 

98.  Petition  by  trustee  for  sale, 

where  lands  are  unproduc- 
tive, .... 

99.  Order  for  notice  of  applica- 

tion for  sale  of  minor's 
land,         .... 

100.  Bond  of  guardian  on  sale  of 

land,  .... 

101.  Petition  to  let  minor's  land 

on  ground-rent, 

102.  Petition  for  partition, 

103.  Petition    for    seven    men  to 

make  partition, 

104.  Petition  for  partition  where 

some  parties  are  unknown, 

105.  Petition    for    commissioners 

to  divide, 

106.  Petition  for  partition  und«;r 

devise,       .... 

107.  Petition  for  partition  of  land 

held  in  common, 

108.  Return  of  seven   (or  three) 

men  on  land  held  in  com- 
mon,        .... 

109.  Petition  for  rule  on  heirs,    . 

110.  Petition  of  heir  offering  ad- 

vance on  valuation,   . 

111.  Adjudication  to  heir  accept- 

ing, .... 

112.  Decree  charging  widow's  in- 

terest on  part  of  real  es- 
tate :  to  be  added  to  adju- 
dication or  order  of  sale 
after  petition,    . 

113.  Adjudicj'tion   on   acceptance 

of  twtf  )r  more  heirs, 


114 

190 

191 

115 

192 

116 

193 

117 

194 

% 

118 

193 

119 

196 

120 

121 

197 

122 

198 

123 

199 

124 

125 

200 

126 

201 

127 

201 

128 

202 

2U3 

129 

204 

205 

130 

206 

131 

207 

132. 

208 

133. 

209 

134. 

210 

211 

135. 

211 

136. 

137. 

213 

138. 

213 

Pag« 
214 

215 

216 

218 

219 

219 

220 

221 

222 

223 
224 

225 


Petition  for  decree  of  pay- 
ment of  owelty, 

Petition  to  value  the  interest 
of  widow  of  tenant  in  com- 
mon, .... 

Petition  of  co-tenant  to 
charge  widow's  interest  on 
decedent's  share, 

Decree  charging  interest  of 
widow  of  deceased  co-ten- 
ant on  land  after  sale, 

Petition  for  inquest  where 
there  is  a  life  estate,  . 

Decree  of  adjudication  to  re- 
mainderman,    . 

Petition  for  order  to  enter 
satisfaction  on  recognisance 

Petition  for  rule  on  heirs  for 
sale,  .... 

Petition  for  order  of  sale 
without  rule, 

Petition  for  rule  to  accept  or 
refuse,  or  for  sale,     . 

Decree  of  court  for  sale, 

Petition  of  successor  of  de- 
ceased administrator  to 
make  deed, 

Order  of  court  on  adminis- 
trator to  execute  deed,  &c.. 

Petition  for  trustee  to  exe- 
cute order  of  sale  where  ad- 
ministrator refuses,   . 

Petition  for  trustee  to  exe- 
cute order  of  sale  where 
there  is  no  administrator,      227 

Petition  of  husband  to  re- 
ceive wife's  share  on  secu- 
rity, .  .  .  .227 

Decree  awarding  wife's  share 
to  husband  on  security,       .  228 

Petition  of  husband  for  trus- 
tees for  his  wife's  share,    .   228 

Decree  of  court  appointing 
trustees  for  wife's  share     .   229 

Declaration  of  wife  that  her 
share  be  paid  to  husband, 
&e.,  .  .  .  .230 

Petition  for  auditor  to  ascer- 
tain liens  on  shares  on  ac- 
ceptance in  partition,  .   230 

Petition  for  auditor  to  ascer- 
tain liens  on  sliares  after 
sale,  .  .  .  .231 

Petition  to  pay  valuation  mo- 
ney into  court  to  pay  liens,  232 

Petition  by  executor  to  loan 
money  of  distributee  not 
giving  refunding  bond,       .  233 

Exceptions  to  administra- 
tion account,      .  .  .   234 


226 


VI 


TABLE    OF    CONTENTS. 


Page 

139.  Petition  for  aiulitor  to  aver- 

age assets,  .  .  .   234 

140.  Pefition  lor  auditor  to  distri- 

bute, .  .  .  .235 

141.  Petition  to  enter  satisfaction 

of  transcript,     .  .  .   236 

142.  Petition  for  review  of  account,  237 

143.  Kefnnding  bond  for  share  of 

personal  estate,  .  .  238 

144.  Bond    of  tenant    for  life    to 

receive  legacy,  .  .   239 

145.  Petition  for  payment  of  leg- 

acy cliarj^ed  on  land,  .   240 

146.  Petition  of  devisee  to  charge 

legacy  on  part  of  land,      .   241 

147.  Appointment  of  auditor  on 

application  to  charge  lega- 
cy on  part  of  land,   .  .  242 

148.  Decree    charging  legacy  on 

part  of  land,      .  .  .    243 

149.  Petition  for  discharge  of  land 

when  legacy  is  extin<ruislied,244 
130.   Petition  to  pay  legacy   into 

court,         ....   245 

151.  Petition     of    administrator, 

&c.,  to  be  discharged,         .   246 

152.  Petition  for  executor,  &c.,  to 

give  security,    .  .  .   246 

153.  Petition       for       attachment 

a^rainst  defaulting  executor,  247 

154.  Petition    of  sureties    of    ad- 

ministrator, &c.,  for  coun- 
ter security,       .  .  .   248 

155.  Order    to    executor,   &c.,   to 

give  security,    .  .  .   249 

156.  Order  vacating  letters,  .  250 

157.  Orderon  administrator  to  de- 

liver estate  to  surety,  .   250 

158.  Bond  of   surety  on  delivery 

of  estate,  .         .         .251 

159.  Petition  for  security  from  an 

executrix  marrying,  .   252 

160.  Petition     to    vacate    letters 

where  executor  is   lunatic, 
&c.,  ....   253 

161.  Api)lication  to  dismiss  exec- 

utor,     administrator,      or 
guardian,  .  .  .   254 

162.  Petition  to  discharge  admin- 

istrator, &c.,  on  account  of 
sickneiis,  &c.,    .         .  .   255 

163.  Decree  in  case  of  executor  or 

administrator,  .  .  256 

164.  Decree  in  case  of  guardian, 

&c.,  to  be  appointed  by  the 
court,         .  .  .  .256 

165.  Petition  for  discharge  of  ex- 

ecutor removing  from  state,  257 

166.  Petition     to     discharge     de- 

ceased administrator's    es- 


Page 

tate  and  his  sureties  from 
liability,    .  .  .  .258 

167.  Petition  for  citation,     .         .  258 

168.  Citation,      .  .  .  .259 

169.  Proof  of  service  of  citation,    260 

170.  Proof  of  service  of  citation 

on  sureties,        .         .  .261 

171.  Eeturn  of  citation  not  served,  26 1 

172.  Decree  awarding  second  ci- 

tation,      ....   262 

173.  Proof  of  publication  of  cita- 

tion, ....  262 

174.  Reference  to  auditor,  &c.,    .   263 

175.  Report    of   auditor  on    cita- 
tion, &c.,      ....   264 

176.  Confirmation  of  auditor's  re- 

port and  decree,  &c.,  .   265 

177.  Decree  on  report  of  distribu- 

tion, ....  265 

178.  Petition  for  execution  in  Or- 

I  phans'  Court,    .  .         .   266 

179.  Fieri     facias     in     Orphans' 

Court,       ....  266 

180.  Petition    for   attachment  or 

sequestration,    .  .         .   267 

181.  Attachment    on    decree    of 

payment,  .  .         .   268 

182.  Petition    for    attachment    in 

first  instance,    .  .  .   269 

183.  Recognisance  to  dissolve  at- 

tachment, .         .  .  270 

184.  Order  dissolving  attachment 

of  execution  on  security,    .   270 

185.  Petition  for  writ  of  seizure  of 

trust    estate   when    trustee 
absconds,  &c.,   .  .         .  271 

186.  Writ  of  seizure  of  trust  es- 

tate when  trustee  absconds, 
&c.,  .  .  .  .272 

187.  Bond  of  complainant  to  sher- 

iff before  seizing  trust  estate 
when  trustee  absconds,  &c.,  273 

188.  Bond  of  defendant    on  writ 

of  seizure,         .  .  .   274 

189.  Return    of   writ    of    seizure 

when  executed,  .  .   275 

190.  Return  of  sheriff  on  security 

given  by  defendant,  .   276 

191.  Writ  of   seizure  against  dis- 

charged trustee,  .  .  276 

192.  Order  of  sale  after    seques- 

tration,    ....  277 

193.  Recognisance  of  complainant 

upon  order  of  sale   on  se- 
qiie.-tration,       .  .  .  278 

194.  Petition    of   defendant   after 

decree  to  be  admitted  to  de- 
fend,        .  .  .  .279 

195.  Order  for  issue  to  Common 

Pleas,       .  .  .         .280 


TABLE    OF    CONTENTS. 


Vll 


196.  Precept  for  issue  to  Common 

Pleas,       .  .  .  . 

197.  Petition  and   affidavit  for  is- 

sue on  distribution,     . 

198.  Order  for  issue  antl  invest- 

ment,       .         .  .  . 

199.  Petition  for  order  to  produce 

books,  &c., 

200.  Petition  for  order  to  produce 

books,  &c.,  before  auditor, 

201.  Order  to  produce  books,  &c., 

202.  Attachment  for  not  produc- 

in}^  books,  &c., 

203.  Order  for  an   attachment  for 

not  producing  books  before 
auditor,     .... 

204.  Appeal  from  decree, — aflida- 

vit  and  recognisance, 

205.  Petition    to   supply  vacancy 

on  death  of  one  of  two  ex- 
ecutors, trustees, 

206.  Petition  for  citation  to  wid- 

ow to  elect,  &c., 

207.  Election  of  widow, 

208.  Order  on  widow  not  appearing, 

209.  Election  of  widow  to  accept 

or  refuse  under  will, 

210.  Petition  of  surviving  wife  for 

order  to  pay  her,  her  hus- 
band's estate  where  there 
are  no  heirs, 

211.  Petition  for  guardian  for  mi- 

nor at  a  distance,  &c., 

212.  Petition  to  pay  legacy,  &c., 

to    guardian  of  minor  re- 
siding out  of  the  state, 
21.3.  Petition  to  define  curtilage, 
&c.,  to  house  demised,  &c., 

214.  Report  of  commissioners, 

215,  Petition  for  appraisement  of 

land  ordered  by  will  to  be 
appraised, 

DEEDS. 

1.  Petition    for   order   to    record 

deed,  &c., 

2.  Decree  to  deliver  up  or  record 

a  deed,  &c., 

DIVORCE. 

1.  Libel  for  desertion,  &c., 

2.  Siihpfena,         .... 

3.  Return  of  sheriff  to  subp<cna, 

4.  Alias  subpruna, 

5.  Return  of  sheriff  to  alias  sub- 

pieiia,        .... 

6.  Proof  of  publication, 

7.  Interrogatories, 

8.  Commissicju  to  examiner, 

9.  Depositions,    .... 


Page 

10 

280 

11 

1  *) 

281 

Iji. 

13 

282 

14 

282 

15 

283 

284 

16. 

284 

17. 

285 

18. 

285 

19. 

20. 

286 

21. 

287 

22. 

288 

23. 

2.«8 

289 

24. 

25. 

289 

26. 

290 

27. 

28. 

291 

29. 

292 

30. 

293 

31. 

293 

32. 

33. 

294 

1. 

295 

2. 

3. 

296 

297 

4. 

298 

298 

5. 

299 

6. 

299 

7. 

300 

8. 

31)1 

9. 

302 

Page 

.  Decree  of  divorce,  .  .  302 

,   Libel  for  adultery,  .  .   303 

,  Libel   where    marriage  is    by 

fraud,  &c.,  .  .  .   304 

Libel  on  husband's  conviction 
of  felony,  .  .  .   305 

Libel  where  the  marriage  is 
void,  ....   306 

Petition  on  behalf  of  wife  when 
lunatic,      ....    307 

Petition  of  wife  for  support, 
&c.,  pendente  lite,      .  .   308 

Rule  on  husband  on  applica- 
tion of  wife  for  support,  &c., 
pendente  lite,     .  .  .  309 

Order  on  husband  for  support, 
&c.,  of  wife,  pendente  lite,   309 

Appeal  to  Supreme  Court, 
affidavit  and  recognisance,    310 

Petition,  ^  mensa  et  thoro,    .  311 

Decree  of  divorce,  a  mens^  et 
thoro,         ....   312 

Petition  to  receive  wife,  .  312 

Order  for  citation  on  petition 
to  suspend  decree,  a  mensa 
et  thoro,    .  .  .  .313 

Order  annuUiiig  decree,  a 
mensa  et  thoro,  .  .314 

Order  suspending  decree,  a 
mensa  et  thoio,  .  .   314 

Petition    to    revive    decree    a 

mensa  et  thoro,     .  .  .   315 

Order  for  a  citation  to  revive 
decree,       .         .  .  .316 

Order  reviving  decree,  &c.,   .   316 

Affidavit  and  precijie  for  exe- 
cution for  unpaid  alimony,  317 

Petition  of  wife  for  security 
for  alimony,       .         .  .318 

Rule  on  petition  for  security 
for  alimony,      .  .  .319 

Order  for  security  for  alimony,   319 

Bond  for  alimony,  .         .   320 

DOMESTIC  ATTACHMENT. 
Precipe  and  affidavit  in  case  of 

inhabitant,  .  .  .321 

Affidavit  in  a  case  of  one  not 
an  inhabitant,    .  .  .   322 

5.   Suggestion    and    affidavit    of 

another  creditor,         .  .   323 

1.  Petition  for  sale  of  perishable 

goods,  ....  323 
Petition  to  dissolve  attach- 
ment, ....  324 
Appeal  to  Supreme  Court,  .  325 
Affic.avit  of  trustees,  .  .  326 
Bond  of  trustees,  .  .  .   326 

Summons  to  persons  to  be 
examined,         .         .         .  327 


Vlll 


TABLE    OF    CONTEXTS. 


Page  I 

10.  Commitment    of    person    re-  | 

fiisiiij;  to  be  examined,  &c.   328 

11.  Bond  to  release  person  com- 

mitted,      ....   329 

12.  Order  to  deliver  books,  &c.,   .   330 

13.  Warrant  of  seizure,        .         .   331 

EJECTMENT. 

1.  Notice  of  tenant  to  landlord,     332 

2.  Petition    of    landlord    to    be- 

come a  party,    .  .         .   332 

3.  Petition  of  landlord  to  defend 

after  judynient  by  default,    333 

4.  Petition  of  alienee  to  become 

party,         ....   333 

ESTKEPEMENT. 

1.  Precipe    and    afHdavit    gene- 

rally,        .  .  .  .334 

2.  Precipe  and  affidavit,  working 

quarries,  &c.,  and  certiticate 

of  counsel,         .  .         •  335 

3.  Affidavit  of  defendant,  .         .   336 

4.  Recognisance  of  defendant  to 

dissolve,    ....   337 

5.  Petition  of  landlord   to    stay 

waste,        ....   337 

6.  Affidavit  when  waste  is  threat- 

ened, ....   338 

7.  Order   to    issue    writ    against 

tenant,       ....   339 

8.  Writ  against  tenant,  &c.,        .   339 

9.  Petition  of  purchaser  at  she- 

rirt"s  sale,  .  .  .  340 

10.  Petition  of  mortgagee  to  stay 

waste,        .  .         .  .341 

11.  Petition  of  judgment  creditor 

after  condemnation  to  stay 
waste,        ....   342 

12.  Petition  of  remainderman  to 

stay  waste,  .  .  .343 

13.  Notice    to   tenant  for    life    to 

desist  from  waste,       .  .   343 

14.  Petition    of    creditor    to    stay 

waste  on  land  of  a  decedent,  344 

15.  Petition  of  tenant  of  decedent 

to  dissolve,  &c.,  .  .   344 

16.  Bond  of  tenant  of  tleceilent,  .   345 

17.  Petition  by  plaintiff  in  foreign 

attachment  to  stay  waste  in 
land  attached,    .  .  .   346 

18.  Petition  of  plaintiff  in  foreign 

attachment  to  stay  waste  in 
laiul    bound    by  mortgage, 
_  &c.,  attached,  .         .   347 

ELECTIONS. 

1.  Petition  to  contest  election  of 

county  or  township  officers,   34S  I  6. 

2.  Petition    to  change   place   of 

election,    .         .         .         .   349 1 7 


EMBEZZLEMENT. 

Petition  for  removal  of  county 
treasurer  on  embezzlement, 
&c.,  .... 

Petition  where  security  of 
county  treasurer  is  insuffi- 
cient,        .... 

EQUITY. 

Bill  of  discovery  against  de- 
fendant in  aid  of  execution, 

Bill  of  discovery  in  aid  of  exe- 
cution against  defendant 
and  third  person, 

Scire  facias  against  defendant 
in  execution  and  third  per- 
son on  bill  of  discovery,    . 

Bill  of  discovery  in  aid  of  issue 
at  law,       .... 

Bill  to  perpetuate  testimony,   . 

Bill  to  perpetuate  testimony  of 
lost  record, 

Bill  for  account  in  partnership, 

ERROR. 

Precipe,  affidavit  and  recogni- 
sance in  error, 

Appeal  from  Orphans'  Court 
and  recognisance. 

Precipe  and  affidavit  for  certio- 
rari from  Supreme  Court  to 
Quarter  Sessions, 

Precipe  and  affidavit  for  certio- 
rari from  Common  Pleas 
to  justice  of  peace,    . 

ESCHEAT. 

Information,   .... 

Precept  to  sheriff,   . 

In([\iisition,     .... 

Petition  for  traverse, 

Traverse  of  inquisition. 

Replication  to  traverse  and  si- 
militer,    .... 

Petition  for  issue  on  question 
of  reward, 

EXECUTION, 

Suggestion  and  plea  of  free- 
hold for  stay  of  execution, 

Recognisance  for  stay,     . 

Request  for  appraisers  of  per- 
sonal property, 

Summons  and  return  of  ap- 
praisers of  personal  pro- 
perty,        .         .         .  • 

Request  for  appraisers  of  real 
property, 

Summons  of  appraisers  of  real 
property, 

Return  of  appraisers  dividing. 


349 


350 


351 


353 


356 


357 
359 


363 
365 


368 
370 

370 

371 


372 
372 
373 
374 
376 

377 

377 


379 
379 

380 

381 

382 

382 
382 


TABLE    OF    CONTEXTS. 


IX 


Page 

383 


8.  Return  of  appraisers  not  divid- 

ing, .... 

9.  Precipe  to  levy  on  stock  in  an- 

other's name,  affidavit  and 
recognisance,     . 

10.  Precipe    to  levy  on  stock    in 

defendant's  name, 

11.  Claim  of  ownership  of  stock, 

affidavit  and   recognisance, 

12.  Order  to    admit    claimant    of 

stock  to  become  a  party,  &c. 

13.  Precipe    for  attachment   exe- 

cution,      .... 

14.  Sheriff's  return  to  attachment 

execution, 

15.  Refunding    bond    for    legacy 

attached,   .... 

16.  Interpleader,     application    of 

sheriff,       .... 

17.  Interpleader,       aflidavit       of 

claimant,  .... 

18.  Interpleader,   bond  of   claim- 

ant, ..... 

19.  Interpleader,  declaration,  plea, 

&c.,  .... 

20.  Affidavit  of  irregular  sale,  «S:c. 

21.  Notice  of  rent  due, 

22.  Waiver  of  inquisition,  . 

23.  Election  of  plaintiff  after  con- 

demnation, 

24.  Acceptance  of  defendant  after 

condemnation,  . 

25.  Affidavit    of   non-payment  of 

rent  after  acceptance,  .   397 

26.  Application  to  distribute  after 

acceptance  by  defendant,    .   397 

27.  Application  to  sequester    life 

estate,        .  .  .  .   :VJS 

28.  Bond  of  sequestrator,    .         .   399 

29.  Notice    to  sheriff  to  appraise 

yearly  value  of  life  estate,  400 

30.  Notice  to  plaintiff  of  request 

to  value  life  estate,    . 

31.  Inquisition  of  lands  in  adjoin- 

ing counties, 

32.  Suggestion   and    affidavit    for 

testatum  fieri  facias,  . 

33.  Receipt  of   lien  creditor  pur- 

chaser,      .... 

34.  Return  of  sheriff  on  purchase 

of  lien  creditor, 

35.  Application  for  i.ssue,     . 

36.  Refunding  bond    after  distri- 

bution and  appeal, 

37.  Petition    for   the  successor  of 

deceased  sheriff  to  acknow- 
ledge deed,         .  .  .  405 

38.  Petition  for  sheriff  to  perfect 

defective  deeds,    .    .  406 


384 

385 

386 

387 

387 

388 

389 

390 

391 

391 

392 
394 
39  5 
395 

396 

396 


400 


401 


401 


402 


403 
403 


404 


Page 

39.  Petition    to    perfect    defective 

return,       ....   407 

40.  Notice    to  quit  after  sheriff's 

sale,  ....   407 

41.  Petition  to  justices  to  obtain 

possession     after     slierifl's 
sale,  ....  408 

42.  Warrant  to  sheriff  to  summon 

jury  for  purchaser,  &c.,     .   409 

43.  Justices'    record    in    proceed- 

ings for  possession  of  pur- 
chaser,      .  .         .  .410 

44.  Inquisition   for    possession    of 

purchaser,  .  .  .411 

45.  Warrant  to  sheriff  to  deliver 

possession,  .  .  .412 

46.  Affidavit  of  tenant  of  title  in 

himself,     .  .  .  .413 

47.  Affidavit    of    tenant    of    title 

from  defendant  before  judg- 
ment,        ....  414 

48.  Affidavit  of  tenant  of  title  in 

third  person,      .  .  .   414 

49.  Summons    to    person     under 

whom  the  tenant  claims  to 
hold,  .  .  .  .415 

50.  Oath  of   person  under  whom 

tenant  claims,    .  .  .   416 

51.  Recognisance       of      persons 

claiming  lands    purchased, 
&c.,  .  .  .  .416 

PINES. 

1.  Petition  to  remit  recognisance,  417 

2.  Appeal  from  order  of  Quarter 

Sessions  in  forfeited  recog- 
nisance,    ....  .418 

FOREIGN  ATTACHMENT. 

1.  Precipe,  .         .  .  .419 

2.  Refunding  bond  to  executor, 

garnishee,  .  .  .   420 

3.  Precijje  I'or  scire  facias  against 

garnishee,  .  .  .421 

4.  Interrogatories  to  garnishee,  .   421 

5.  Recognisance  of  plaintiff  be- 

fore execution,  .  .  .  422 

6.  Recognisance  to  dissolve,       .   423 

7.  Application  for  order  to  sheriff 

to  collect  rents,  .  .   423 

8.  Rule  to  assess  damages,  .  424 

GROUND-RENTS. 

1.  Petition  for  extinguishing,  &c.  425 

2.  Bond  of  guardian,  &c.,  on 

receiving,  &c.,  .         .  .  427 

HABEAS  CORPUS. 

1.  Petition  on  charge  of  crime,  .  428 

2.  Petition  on  any  restraint,       .  429 


TABLE    OF    CONTENTS. 


Page 
429 


INSOLVENT. 

1.  Petition  under  Bread  Act. 

2.  Petition    for    discharge    from 

custody,     .         .  •  • 

3.  Order  to 'jailer  to  discharge,  . 

4.  Bond  to  take  benefit,  &c., 

5.  Petition    for  benetit  of  insol- 

vent laws, 

6.  Bonil  of  trustees,   . 

7.  Petition  of  insolvent  to  restore 

his  estate,  &c., 

8.  Application  on  consent  of  ma- 

jority of  creditors  to  exempt 
property  of  insolvent  from 
execution  for  seven  years, 

9.  Petition  for  a  receiver,  . 

INSURANCE. 
1.  Petition  to  supply  lost  policy, 
JUDGMENT. 

1.  Amicable  scire  facias,    . 

2.  Amicable  scire  facias  to  use, 

&c.,  against  defendant  and 
terre  ten.ant,       .  •  • 

Amicable  scire  facias  against 
terre  tenant, 

Amicable  scire  facias  to  use, 
on  judgment  part  paid. 

Amicable  scire  facias  of  judg- 
ment not  due,    .  .  • 

Amicable  scire  facias  on  judg- 
ment appealed  from,  . 

Precipe  for  scire  facias. 

Precipe  for  scire  facias  against 
terre  tenant. 

Scire  facias  to  revive  lion,      . 

Application    for    satisfaction, 
&c.,  in  Philadelphia, 
JUSTICES  OF  THE  PEACE, 

1.  Offici.al  bond,  •         •    _     •  ' 

2.  Petition  for  security   on  jus- 

tice's insolvency,  &c., 

3.  Petition  for  additional  security 

on  surety's  removal,  &c.,   . 

4.  Petition  for  counter  security, 

5.  Petition  to  compel  delivery  of 

dockets,     .         .  •  • 

6.  Petition  to  supply  lost  record, 

7.  Petition    on   refusing    to    pay 

over,  .  .  .  • 

R-  Notice  to  justice  to  pay  over. 
Decree  of  court  on  ajipearance 

for  not  paying  over,  . 
Decree  of  court  on  default  for 

not  paying  over. 
Answer  of  justice  to  complaint 

for  not  paying  over.  . 
Issue    on    complaint    for    not 

paying  over, 


430 
431 
431 

432 

4-'.4 

434 


435 
436 


LANDLORD  AND  TENANT.' 


3. 


5. 


6. 


9. 
10. 


444 


453 
453 

454 

454 
455 

455 

456 

457 


1.  Warrant  of  distress, 

2.  Notice  of  distress, 

3.  Affidavit  of  appraisers  and  in- 

ventorv,    .  .  ■  • 

4.  Consent  of  tenant  that  goods 

may  remain  on  premises,   . 

5.  Notice  to  quit, 

6.  Complaint  to  justices  on  non- 

removal,  .  .  •  • 

7.  Warrant  to  sheriff  to  summon 

jury  and  tenant, 

8.  Inquisition  on  non-removal  of 

tenant,       .  •  •  • 

9.  Piecord    of    justices    on    non- 

removal,  .  •  •  • 

10.  Warrant  of  possession, 

11.  Allegation    of    title    in    third 
person,      .  •  •         • 

Affidavit  of  third  person  of  his 
title,— and  recognisance,    . 

Affidavit  of  holding  under  co- 
tenant,— and  recognisance,  462 

Notice  to  tenant  on  non-pay- 
ment of  rent,     . 

Complaint  to  justices  on  non- 
pavnient  of  rent, 

Warrant  to  constable  to  sum- 
mon tenant  on  non-pay- 
ment of  rent,    . 

1 7.  Record  of  justices  on  non-pay- 

ment of  rent,    .  .  • 

18.  Record     of     justice      finding 

against  landlord, 

19.  Recognisance    on    appeal    on 

non-payment  of  rent, 

20.  Complaint    on    removal    and 

refusing  to  give  security,    . 

21 .  Warrant  to  summon  tenant  on 

refusal  to  give  security,      . 

22.  Record  of  justices  on  refusing 

to  give  security, 

23.  Record  of  one  justice  to  dis- 

possess tenant,  . 


12. 


13 


14 


15 


16 


458 
460 


461 
461 


463 
463 

464 
465 
466 
467 
468 
469 
470 


471 


9. 
10. 
11. 
12. 


LUNATICS  AND  HABITUAL 
DRUNKARDS. 

1.  Petition  for  commission,  and 

affidavit,   .  •  •  • 

2.  Petition  for  commission  when 

lunatic  is  under  restraint,  . 

3.  Petition  for  commission  when 

lunatic    resides  out  of  the 
Commonwealth, 

4.  Petition  for  commission  where 

lunatic    has    no    relations, 
&.C.,  .... 

5.  Petition  for  commission  where 

lunatic  is  absent  from   the 
Commonwealth, 


47-2 
473 

474 

474 

475 


TABLE    OF    CONTENTS. 


XI 


6.  Petition    for    commission    on 

hiibitua]  drunkards,   .  .  476 

7.  Notice    to    relations,    &c.,    of 

commission,       .  .  .  476 

8.  Venire,  ....  477 

9.  Subpoena,       ....  477 

10.  Habeas  corpus,      .  .  .478 

11.  Inquisition      before     commis- 

sioner of  lunacy,        .  .478 

12.  Inquisition     before     commis- 

sioner of  habitual  drunken- 
ness, ....   480 

13.  Petition  when  estate  is  small, 

&c.,  .  .  .  .481 

14.  Inquisition   before  judge,  and 

certiKcale  of   want  of  pro- 
bable cause,       .  .  .481 

15.  Traverse  of  inquisition,  .    482 

16.  Replication    and    similiter    to 

traverse,   ....   483 

17.  Petition  of  wife  of  drunkard, 

&c.,  to  act  as  feme  sole,     .   484 

18.  Application   of   wife  to    have 

sole  charge  of  children,      .  485 

19.  Order  giving  mother  the  pri- 

vileges of  a  father,     .  .  486 

20.  Bond  of  committee,        .  •  486 

21.  Inventory,     ....  487 

22.  Petition  to  apply  principal  of 

personal  estate  of  lunatic  to 
support,  &c.,      .  .  .   488 

23.  Petition  of  committee  for  au- 

thority to  invest,        .  .   489 

24.  Petition  for  sale  of  real  estate 

and  exhibits,      ,  .  .    490 

25.  Appointment  of  auditor  to  in- 

vestigate and  report,  .   493 

26.  Report  of  auditor,  .  .   493 

27.  Decree  of  sale,  &c.,       .         .  494 

28.  Decree  of  mortgage,      .  .   495 

29.  Return  to  order  to  mortgage,    496 

30.  Decree  to  raise  money  on  land 

in  another  county,      .  .  496 

31.  Petition    to  court    of   another 

county  for  decree  of  sale,  &c.  497 
?2.  Bond  of  committee  on  sale  of 

real  estate,  .  .  .   497 

33.  Petition   for  deed  on  death  of 

cimimittee,         .  .  .  498 

34.  Petition  for  mortgage  on  death 

of  committee,    .  .  .  499 

35.  Petition   for    deed    from    new 

committee  on  death  of  com- 
mittee,      ....  500 

36.  Petition  for  deed  where  com- 

mittee refuses, — and  notice,   501 

37.  Petition  for  sale  of  timber,    .   502 

38.  Decree  to  cut  timber,     .  .   503 

39.  Bond    of    committee    selling 

timbci",      ....   504 


40.  Petition  to  enforce  contract  of 

lunatic  for  sale  of  land, 

41.  Order    of  court  to    parties  to 

come  in,   . 

42.  Notice  to  parties  to  appear,     . 

43.  Decree    of    specific    perform- 

ance, .  .  .  . 

44.  Petition  to  enforce  parol  con- 

tract, .... 

45.  Petition  to  rescind  contract,   . 

46.  Decree  of  rescission, 

47.  Petition    to  discharge  lunatic 

from  arrest, 

48.  Affiilavit  of  plaintiff  to  prevent 

discharge  of  lunatic, 

49.  Jailor's  notice  to  justice  on  ar- 

rest of  insane  person, 

50.  Finding  of  justices  on  impri- 

sonment of  insane  deiend- 
ant,  ..... 

51.  Order  of  court  for  appearance 

for  insane  defendant, 

52.  Order  of  discharge  of  insane 

defendant, 

53.  Order  to  deliver  insane  defend- 

ant to  lunatic  asylum, 

54.  Order  appointing  assignees  on 

discharge  of  insane  defend- 
ant, ..... 

55.  Order    authorizing    arrest    of 

defendant  on  becoming  of 
sound  mind, 

56.  Petition  of  bail  of  lunatic  for 

discharge, 

57.  Order  to  enter  exoneretur  on 

bail-piece  of  lunatic, 

58.  Bond  of  friends  of  lunatic  cri- 

minal,       .... 

59.  Petition    for    supersedeas    of 

committee,  &c., 

60.  Order  to  supersede, 

61.  Application    to  dismiss    com- 

mittee of  lunatic, 

62.  Petition  in  case  of  lunatic  mar- 

ried woman, 

63.  Lunatic    married     woman, — 

order  to  examine, 

64.  Lunatic  married  woman, — re- 

port of  examiners,     . 

65.  Lunatic  married  woman, — or- 

der of  court, 

MANDAMUS. 

1.  Petition,         .... 

2.  Writof  alternative  mandamus, 

3.  Return  of  defendants,    . 

4.  Demurrer,     .... 

5.  Joinder  in  demurrer, 

6.  .Judgment,      .... 

7.  I'ereniptory  mandamus, 


Page 

505 

506 
506 

507 

508 
509 
510 

511 

512 

512 

513 
513 
514 
514 

515 

516 

516 

517 

517 

518 
519 

519 

520 

521 

522 

5-29. 


523 
525 
527 
527 
528 
529 
529 


Xll 


TABLE    OF    CONTENTS. 


532 
533 


533 


535 


536 


538 


Page 

8.   Return    to  peremptory    man- 
damus, ....  531 
MANUFACTURING  COMPANIES. 

1.  Petition  to  appraise  property 

invested,   .  .  .  • 

2.  Order  to  appraisers, 

3.  Declaration    in    suit    against 

directors,  &c.,   .  .  • 

4.  Declaration    in    suit    against 

stockholders  in  arrear, 

5.  Declaration    in     suit    against 

stockholder, 

6.  Order  to  assign  judgment  to 

stockholders  paying,  &c.,  . 

MARRIED  WOMEN. 

1,  Declaration  for  improvements,   538 

2.  Declaration  for  necessaries,    .  540 

MECHANIC'S  LIEN. 

1.  Designation  of  boundaries  of 

lot, 541 

2.  Petition  to  define  boundaries,    541 

3.  Order    of   court    for    appoint- 

ment of  commissioners,     . 

4.  Appointment  of   commission- 

ers by  agreement, 

5.  Appointment  of   commission 

crs  without  agreement, 

6.  Report  of  commissioners, 

7.  Claim,  ... 

8.  Claim  against  adjoining  build- 

ings, .... 

9.  Claim  on  contract, 

10.  Suggestion       of       additional 

claim,        .  .  .  • 

11.  Return    of    sheriff     to    scire 
facias,        .  .  •  • 

Return    of     sheriff    to    scire 

facias  when  parties  are  not 

found,  &c., 
Suggestion  of  another  person 

on  scire  facias,  . 
Petition    of    defendant  where 

no  scire  facias  has  issued,  . 

JIILL-DAMS. 

1.  Petition  to  remove, 

2.  Appointment  of  commissioners,  552 

3.  Report  of  commissioners,        .   553 
r^IORTGAGES. 

1.  Petition  for  entry  of  satisfaction,  553 

2.  Order  of  court  to  enter  satis- 
faction,    .         .  •  .554 

3.  Order  for  issue  to  try  fact  of 
satisfaction,        .  •  •   555 

4.  Petition  to  pay  mortgage  mo- 
ney into  court,  •         •   55a 

5.  Petition  to  enfoice  payment  or 


12. 

13. 
14. 


542 

543 

o43 
544 
545 

546 
547 

548 

549 


549 


550 


550 


551 


entry  of  satisfaction  of  lost 
mortgage, 

6.  Receipt  endorsed  on  mortgage, 

and  order  of  judge  for  en- 
try of  satisfaction,     . 

7.  Petition  for  cancelling  forged 

mortgage, 

8.  Amicable  scire  facias  sur  mort- 

gage,        .... 

NAMES. 

1.  Petition  to  change, 

2.  Decree  of  court  changing,  &c., 

NATURALIZATION. 

1.  Declaration  of  intention, 

2.  Petition    for  naturalization — 
J  and  affidavits,   . 

3.  "Where    applicant    came    into 

country  a  minor, 
OFFICES. 

1.  Petition    for    citation  to  give 

further  security,  &c. 

2.  Decree  of  court   as  to  further 

security,   .  .  .  ■ 

3.  Discharge  of  original  sureties 

on  furtlier  security  given, 

4.  Proceedings  on- refusal  to  give 

further  security, 

5.  Order  for  issue  on  petition  for 

further  security, 

PARTITION. 

1.  Precipe,         .  .         •  • 

2.  Declaration, 

3.  Judgment,     .  •          .  • 

4.  Application  of  defendants  to 

set  out  plaintiff 's  share  only 

5.  Judgment  to  set  out  plaintiff 's 

share,        .... 

6.  Precipe  for  writ  de  partitione 

facienda, 

7.  Juilgment    of    partition    only 

for  parties  appearing, 

8.  Athdavit  as  to  unknown  par- 

ties, .... 

9.  Decree  of  publication  to  par- 

ties unknown,   . 

10.  Suggestion  of  name  of  alienee 

as  party,   .... 

11.  Order  for  rule  to  accept, 

12.  Decree  upon  acceptance, 

13.  Order  to  sell  after  non-accept- 

ance,        .  .  .  • 

14.  Petition  for  deed  on  death  of 

sheriff',  &c.,        . 

1 5 .  Order  to  present  sheriff  to  per- 
I  feet  title,  .  .  .  • 

16.  Declaration    in    case    of    life 
1  estate,       .         .         .         . 


Page 
556 

557 
558 
559 

559 
560 

560 
561 
562 


564 
565 
566 
566 
567 

567 
568 
569 

570 

571 

571 

572 

573 

573 

574 
574 
575 

576 

576 

577 

577 


TABLE    OF    C0NTE^'T8. 


XIU 


9. 
10. 
11. 
12. 
13. 

14. 

15. 

16. 

17. 
18. 

19. 

20. 
21. 

22. 

23. 
24. 


Acceptance  and  decree  in  case 
of  lite  estate,     .  .  .   579 

Adjudication  without  consent 
ot  tenant  for  life,       .  .  579 

PARTNERSHIP. 

Certificate,  names  of  partners, 
&c. 580 

PEDLER. 

Petition 581 

Order  granting  license,  .         .   582 
Bond, 583 

PRACTICE. 

Affid'avit  of  defence,        .          ,   584 
Petition  for  interpleader,         .   584 
Order  for  rule  to  interplead,  .   585 
Notice  of  rule  and  su<jfjestion,  585 
Order   of  the  court   in  inter- 
pleader,    ....   586 
Order  requiring  security,    on 
judgment    against    defend- 
ant in  interpleader,    .         .   587 
Plaintiff's  statement,      ,          .  587 
Defendant's  statement,  .         .   5^8 
Amendment  changing  name, .  589 
Order  to  amend  name  of  party,  589 
Application  to  add  party,       .   59() 
Amendment  of  pleadings,      .   590 
Suggestion  of  equitable  plain- 
tiff,    591 

Affidavit    to    produce    books, 

&c 591 

Rule  to  show  cause,  &c.,  why 
books  and  papers  should 
not  be  produced,         .  .  592 

Order  on  rule,  &c.,  to  produce 

books  and  papers,      .         .   592 
Letters  rogatory,   .  .  .  593 

Suggestion  of  death  of  defend- 
ant,— substitution  and  pre- 
cipe for  sci.  fa.,  .  .   594 
Suggestion  of  death  of  plain- 
tiff, and  substitution  of  ad- 
ministrator,      .          .          .   594 
Scire  facias  to  bring  in  admin- 
istrator of  defendant,           .    595 
Abatement  of  suit  for  want  of 
substitution    for     deceased 
plaintiff,    .          .          .          .596 
Declaration  and  confession  of 
judgment,    upon   bond   and 
warrant,  where  obligee    is 
dead,          ....   596 
Rule    on   defendant   as    pur- 
chaser at  sale  for  taxes  of 
unseated  lanils,            .          .   597 
Judgment  by  default  against 


defendant,  purchaser  under 
tax  sale  of  unseated  lands, 

I'lea  of  disclaimer  ami  tender 
in  trespass, 

Plea  of  no  assets  in  suit  for 
legacy,      .  .         .  . 

Precipe  for  scire  facias  to 
charge  real  estate  of  dece- 
dent, .  .  .         . 

Scire  facias  to  charge  real 
estate  of  decedent, 

Application  of  administrator 
to  stay  proceedings  on  exe- 
cution,— order,  &c.,  . 

Petition  of  creditor,  &c.,  for 
order  on  administrator  to 
apply  to  Orphans'  Court  for 
an  order  of  sale, 

Judgment  on  answers  of  gar- 
nishee,      .  .         .  . 

Precipe  for  rule  to  take  depo- 
sitions,     .         .  .  . 

Notice  to  take  depositions,     . 

Depositions, 

Interrogatories  on  commission 
to  take  depositions, — and 
precipe  for  rule, 

Commission  to  take  deposi- 
tions,        .  .  .  . 

Letter  of  instruction  to  the 
commissioners, 

Affidavits  of  trutli  of  petition, 
&c., 

Bill  of  costs, 

Bill  of  exceptions, 

In  account,  .... 

In  assumpsit,  with  affidavit 
that  debt,  &c.,  is  above 
8lOO,         .  .  .  . 

In  covenant. 

In  covenant,  by  assignee, 

In  debt,         .... 

In  debt.     Qui  tam, 

In  detinue,    .... 

Dower,  .  .         .  . 

In  ejectment. 

Notice  of  intention  to  claim 
mesne  profits,    . 

For  fieri  facias, 

For  habere  facias  posses- 
sionem, with  clause  of  fieri 
facias  for  costs, 

For  incjuiry  of  damages, 

For  scire  facias  on  mortgage. 

For  levari  facias,  . 

In  case  for  tort. 

Trespass,  false  imprisonment. 

Trespass, quare  clausum  frcgit. 

Trespass,  de  bonis  asportatis, 


Page 

598 
598 
600 

600 
601 

602 

603 

604 

605 
605 
606 

607 

608 

608 

611 
611 
612 
613 


614 
614 
615 
615 
616 
616 
616 
617 

618 
618 


619 
619 
620 
620 
621 
621 
621 
622 


XIV 


TABLE    OF    CONTENTS. 


64 


65, 


20. 
21. 
22. 
23. 
24. 


Trespass,  assault  and  battery, 
For  venditioni  exponas. 
Precipe    for    scire    facias    sur 

mechanic's  lien. 
Precipe    for    scire    facias    sur 
judgment  against  a  corpora- 
tion   having    assigned     its 
property,  .... 
Precipe    and  affidavit  for   at- 
tacliment  against  a  remov- 
ing defendant,  &c.,    . 
Bond    before    issuing    attach- 
ment,        .         .  .  . 
Certificates  of  authentication, 
Certiticates  of  authentication, 

QUO  WARRANTO. 
Suggestion,   .  .  .  . 

Rule  to  show  cause,  &c., 
Order  to  issue  writ, 

Plea, 

Replication, 

Similiter,      .... 
Demurrer,     .... 
Joinder  in  demurrer, 
•Judgment  on  demurrer. 
Verdict,  .  .  .  . 

Injunction,    .  .  .  . 

Disclaimer  of  defendant. 
Substitution  of  another  party, 

RAILROADS. 

Notice  of  application,    . 

Affidavit  of  service. 

Affidavit  on  non-residence,  &c. 

Notice  for  newspaper,    . 

Affiihivit  of  puljlication, 

Petition  for  lateral  railroad. 

Order  to  viewers. 

Notice  of  time  of  viewing,    . 

Notice  in  newspaper, 

Report  of  viewers. 

Report  of  viewers  Hxing  point 
ot  connection,  . 

Appeal  of  landowner,   . 

Order  for  issue, 

Declaration  in  feigned  issue, 

Verdict,         .... 

Declaration  of  abandonment, 

Agreement  to  select  men  to 
value  materials, 

Api)i)intment  of  umpire, 

Petition  for  appraisers  of  ma- 
terials of  persons  out  of 
state,  &c., 

Order  to  the  appraisers. 

Award, 

Petition  for  use  of  landing, 

Order  to  sheriff,     . 

Return  of  the  sheriff,    . 


637 

638 
638 
639 
639 
640 
641 
642 
642 
643 

644 
645 
64.i 
645 
648 
649 

649 
650 


651 
651 
652 
652 
653 
654 


Page] 

622 
623: 

623 


624 


624 

625 
626 
626 


627 
629 
629 
630 
631 
632 
632 
633 
634 
634 
635 
636 
636 


Page 

Report  of  jury  on  landing,  .  654 
Decree  of  court  as  to  landing,  655 
Petition    for    jury    to    assess 

railroad  damages,      .  .   656 

Notice  to  land  owner  of  choos- 
ing viewers,  .  .  .  657 
Order  to  viewers,  .  .  658 
Report  of  viewers  on  damages,  659 
Bond  for  payment  of  damages,  660 
Notice  of  filing  bond,  .  .  662 
Petition  of  company  to  ap- 
prove bond, 
Appeal    from    assessment    of 

damages. 
Order  for  issue  on  appeal, 
Removal    of  suit    to  another 
county, — affidavit,     . 


662 


664 
664 


665 


16. 


REAL  ESTATE. 

Petition  for  sale  to  bar  execu- 
tory devise. 

Assent  of  party,     . 

Petition  to  let  estate  of  luna- 
tic on  ground-rent,  and  di- 
vide, &c., 

Petition  to  mortgage  estate  of 
person  unheard  of  for  seven 
years,        .... 

Petition  for  private  sale. 

Order  for  citation  to  appear, 
and  appointment  of  guar- 
dian, .... 

Citation  to  parties  to  appear, 

Appointment  of  auditor. 

Decree  of  sale. 

Decree  of  private  sale, 

Decree  of  sale  and  division, 
&c.,  .... 

Bond  of  trustee  for  sale, 

Petition  to  square  and  adjust 
lines,        .... 

Petition  to  purchase  land,  &c.  677 

Petition  for  allowance  out  of 
accumulation,    .  .  .   679 

Decree  of  allowance  out  of  ac- 
cumulation, 


665 
666 


667 


668 
669 


670 
671 
672 
673 
673 

674 
675 

676 


680 


REPLEVIN. 

Precipe,          .          .         .         . 

680 

Appraisement, 

681 

Bond,     .... 

682 

Claim  property  bond,     . 

683 

ROADS. 

Petition,        .         .         .          . 

684 

Notice  of  view, 

684 

Order  to  six  viewers,     . 

685 

Order  to  three  viewers. 

686 

Petition   to  lay  out  and   va- 

cate,         .         .         .         . 

688 

TABLE    OF    CONTENTS. 


XV 


Page 

6.  Order  to  lay  out  and  vacate,     689 

7.  Report  of  viewers,  .  .691 

8.  Petition  for  damages,      .  .   692 

9.  Report  of  damages,        .  .   692 

10.  Petition  for  a  private  road,     .  693 

11.  Report  of  private  road,  .  69.3 

12.  Order  confirming  private  road,  694 

13.  Petition    for    jury    to    assess 

damages  on  a  private  road,    695 

14.  Petition  tor  swinging  gates,  .   695 

15.  Order  on  report  of  viewers  for 

swinging  gates,  •  •  696 

16.  Petition  to  use  private  road,      696 

17.  Decree  of  court  on  application 

to    participate    in    private 
road,  ....   697 

18.  Petition  for  private  road  under 

ground,     ....    698 

19.  Report  for  private  road  under 

ground,     ....   698 

20.  Order    of    court    confirming 

road  and  approving  dama- 
ges, .  .  .  .699 

21.  Order  of  court  not  approving 

of  damages,       .  .  .700 

22.  Petition  to  vacate,  .  .   700 

23.  Petition  to  change  route,        .    701 

24.  Petition  to  vacate  before  open- 

ing, .  .  .  .701 

25.  Petition    to    vacate    road    by 

prescription,       .  .  .   702 

26.  Petition    to    vacate   a    public 

road  in  town  plot,      .  .702 

27.  Rule  on  parties  to  appear  on 

application  to  vacate  road 

in  town  plot,     .  .  .   703 

28.  Proof  of  publication,      .  .   703 

29.  Appointment   of   viewers    on 

vacating  road  in  town  plot  704 

30.  Petition  to  vacate  private  road 

in  town  plot,      .  .  .   704 

31.  Petition  to  vacate  road  partly 

opened,     ....   705 

32.  Petition     to    vacate    street  in 

unincorporated  village,  .   705 

33.  Petition  to  widen,           .  .   706 

34.  Petition  for  a  bridge,      .  .706 

35.  Petition     for      inspectors  of 

bridge,       ....   707 

36.  Report  of  inspectors  of  bridge,    707 

37.  Rule  on  contractor  after  report 

of  inspectors  of  bridge,       .   708 

38.  Report  of  inspectors  of  bridge 

built  by  commissioners,      .    708 

39.  Petition  for  review,        .         .   709 

SCHOOLS. 
1.  Order  for  writ  to  collect  judg- 
ment against  scliool  district,   709 


Pago 

2.  Writ     to     collect      judgment 

against  school  district,  710 

3.  Petition       for       independent 

school  distiict,  .  .         .711 

4.  Order     to     commissioners    on 

independent  school  district,   711 

5.  Report  of   commissioners    on 

independent  school  district,  713 

6.  Order  of  confirmation    of  re- 

port of  commissioners,       .   713 

7.  Petition  to    open  decree    and 

annul    independent    school 
district,      .  .  .  .714 

8.  Order  of  court  on  application 

to   annul   independent  dis- 
trict, .  .  .  .715 

9.  Decree  annulling  independent 

school  district,  .  .716 

10.  Decree  confirming  an  indepen- 

dent district,      .  .  .716 

1 1 .  Petition  to  abolish  an  indepen- 

dent district,      .  .  .717 

12.  Order  on  application  to  abolish 

an  independent  district,       .   718 

13.  Decree  discontinuing  an  inde- 

pendent district,  .  .718 

14.  Decree    continuing    an    inde- 

pendent district,  .  .   719 

15.  Petition  to  assess  damages  for 

a  school -house  lot,     .  .719 

16.  Order  to  viewers,  .  .   720 

17.  Report  of  viewers,  .  .721 

TOWNSHIP. 

1.  Petition  to  divide  township,   .  722 

2.  Petition  for  new  township,     .  723 

3.  Petition  to  alter  line,     .          .  724 

4.  Petition  to  establish  lines,      .  725 

5.  Order  to  commissioners,          .  725 

6.  Report  of  commissioners,      .  726 

7.  Order  for  vote  on  division,  &c.,  727 

8.  Return  of  election  officers  on 

vote,  .  •  .  .728 

9.  Order  of  court  after  vote,       .  729 


TRUSTEES  AND  ASSIGNEES. 

1.  Petition  for  appraisers  of  pro- 

perty assigned  to  creditors,   729 

2.  Order  appointing  appraisers,     730 

3.  Oath  of  appraisers  and  inven- 

tory,  with  affidavit  of   as- 
signee,     .... 

4.  Petition    of  assignor  to    have 

articles  set  aside,  &c., 

5.  Bond  of  assignee, 

6.  Petition    for    citation    to    as- 

signee to  settle  account,     . 

7.  Petition  to  dismiss    trustee  for 

default,  &c., 


730 


732 
732 


733 
734 


XVI 


TABLE    OF    CONTEXTS. 


8.  Petition   to   dismiss    assignee 

on  surety  failing  or  remov- 
ing, .... 

9.  Petition    for  appointment   of 

temporary  trustee, 

10.  Petition  to  dismiss  where  trus- 

tee is  lunatic,    . 

11.  Order  for  citation  to  lunatic, 

&c.,  trustee, 

12.  Order  to  deliver  books,  &c., 

on  dismissal, 

13.  Petition  of  trustee  to  be  dis- 

charged, 

14.  Order  of  notice,   &c.,  on  ap- 

plication of  trustee  for  dis- 
charge,    .... 

15.  Discharge  of  trustee  on  his  re- 

quest, and  order  to  deliver 
estate,  &c., 

16.  Petition  to  fill  vacant  trust,   . 

17.  Order  of  notice  for  appoint- 

ment of  assignee, 

18.  Appointment  of  new  trustees, 

19.  Application  of  sureties  of  dis- 

charged trustee  to  be   dis- 
charged,   .... 

20.  Petition  of  trustee  for  discharge 

on  execution  of  trust, 

21.  Order    for    citation    to    cestui 

que  trust  on  application  of 
trustee  for  discharge, 

22.  Order  discharging  trustee  on 

execution  of  trust,     . 


23. 

735 

24 

736 

25 

736 

26 

737 

27. 

737 

28 

738 

29 

739 

30 

739 

740 

31 

741 

32 

741 

33 

742 

34 

743 

35 

36 

744 

37 

744 

Page 

Application  against  trustee  for 
account,    ....   744 

Petition  for  dismissal  of  trus- 
tee, under  Act  of  April  7, 
1859,  .  .  .  .745 

Petition  to  fill  vacant  trust,       746 

Petition  to  fill  trust  after  re- 
nunciation of  executor 
trustee,      ....    747 

Petition  to  compel  infant  trus- 
tee to  convey,  .  .   748 

Application  to  compel  trustees 
to  record  deed  of  trust,      .   749 

Petition  to  apply  personal  es- 
tate to  improve  real  estate,  750 

Petition  to  apply  personal  es- 
tate to  improvement  of  real 
estate  where  owners  are 
difl^erent,  .  .         .  751 

Order  to  apply  personal  estate  to 
improvement  of  real  estate,  753 

Petition  of  married  woman 
for  a  trustee,     .  .  .   753 

Petition  of  sureties  for  citation 
and  discharge  of  trustee,     .  754 

Notice  to  trustee  of  presenta- 
tion of  the  petition,  .   755 

Proof  of  service  endorsed  on 
notice,       ....  756 

Decree  that  trustee  give  new 
Ijond,         .  .  .         .756 

Decree  removing  trustee  for 
not  giving  bond,        .  .   757 


SMITH'S 

FORMS  OF  PROCEDURE. 


ACTIONS    PERSONAL. 

1.  Agreement  for  Amicable  Action. 

P.  32,  pi.  17.     13  June  1836,  P.  L.  579.» 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 
V.  >       county. 

John  GREGa.  J  Of  January  Term,  1855.  Case  in  Assumpsit. 
1855,  January  6.  It  is  agreed  that  an  amicable  action  in 
the  above  form  be  entered  in  said  court,  and  that  the  said  action 
shall  be  deemed  to  be  depending  in  like  manner  as  if  the  de- 
fendant had  appeared  to  a  summons  issued  against  him  by  the 
plaintiff. 

George  Wills, 
John  Gregg. 


2.  Agreement  for  Amicable  Action  and  Confession  of 
Judgment. 

P.  32,  pi.  18.     21  March  1806,  4  Sm.  L.  330. 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 
V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     Case. 
1855,  January  7.     It  is  agreed  that  an  amicable  action  in 
*  See  Preface. 

2  (17) 


18  ACTIONS    PERSONAL. 

the  above  form  be  entered  in  said  court,  and  that  the  same  shall 
be  deemed  to  be  depending  in  like  manner  as  if  the  defendant 
had  appeared  to  a  summons  issued  against  him  by  the  plaintiff: 
said  action  being  founded  on  a  note  (or  book  account,  &c.,  as 
the  case  may  be),  a  copy  of  "which  is  filed  herewith.  And  it  is 
further  agreed,  that  judgment  be  confessed  herein  in  favor  of 
the  plaintiff  against  the  defendant  for  the  sum  of  three  hundred 
dollars,  with  stay  of  execution  for  three  months. 

George  Wills, 
John  Gregg. 
Executed  in  the  presence  of  ] 
John  Doe,  > 

Richard  Roe.  I 


3.  Precipe  and  Affidavit  to  Jiold  to  Bail. 

p.  33,  pi.  19.     13  June  1S36,  P.  L.  573. 

George  Wills  \  In  the  Court  of  Common  Pleas  of  Chester 
V.  V      county. 

John  Gregg.    J  Of  May  Term,  1855. 

Issue  capias  trespass  against  the  defendant,  ■wherefore  "with 
force  and  arms,  &:c.,  he  broke  and  entered  the  close  of  the 
plaintiff,  in  said  county,  and  then  and  there  carried  away  one 
horse  of  the  value  of  one  hundred  dollars  (or  as  the  case  may 
be),  of  the  goods  of  the  plaintiff,  and  converted  and  disposed 
the  same  to  his  own  use  ;  and  other  wrongs  to  the  plaintiff  then 
and  there  did  to  the  great  damage  of  the  plaintiff,  &c. 
Bail  demanded,  §1000. 

Yours,  &c., 

William  Marshall, 
To  James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary.  April  10,  1855. 

Chester  county,  ss. 

George  Wills,  the  above  named  plaintiff,  being  duly  sworn 
says,  that  John  Gregg,  the  defendant,  on  or  about  the  first  day 


ACTIONS    PERSONAL.  19 

of  April,  instant,  did  break  and  enter  into  his  barn,  m  the 
township  of  Penn  in  said  county,  and  then  and  there  carried 
away  one  horse  of  the  value  of  one  hundred  dollars,  &c.,  &c., 
and  other  wrongs  to  this  deponent  did  to  his  great  damage,  &c. 

George  Wills. 
Sworn  and  subscribed  before  me,  ^ 
April  10,  A.  D.  1855.  > 

James  Davis,  Prothonotary.  J 


4.  Precipe  and  Affidavit  in  Trespass  against  an  Unknown 

Defendant. 

P.  33,  pL  20.     13  June  1836,  P.  L.  573. 

George  Wills  |  j^^  ^^^  (,^^^,^  ^^  Common  Pleas  of  Chester 
^'  I       county.     Trespass. 

Chester  county,  ss. 

George  Wills  being  duly  sworn,  says,  that  a  person  whose 
name  is  unknown,  did  on  the  first  day  of  March,  instant,  break 
and  enter  the  barn  of  him  the  said  George  Wills,  and  in  his 
possession,  situate  in  the  township  of  Penn,  in  said  county  of 
Chester,  and  then  and  there  carried  away  one  horse  of  the  value 
of  one  hundred  dollars  (or  as  the  case  may  be),  and  did  other 
wrongs  to  this  deponent  to  his  great  damage,  &c. 

George  Wills. 
Sworn  and  subscribed,  March  2,    "j 
A.  D.  1855,  before  V 

James  Davis,  Prothonotary.   J 

Issue  capias  trespass,  at  the  suit  of  the  said  George  Wills, 
against  the  person  mentioned  in  foregoing  affidavit,  pursuant  to 
the  provisions  of  the  seventh  section  of  the  Act  of  June  13,  1836, 
relating  to  the  commencement  of  actions,  wherefore,  with  force 
and  arms,  &c.,  he  broke  and  entered  the  close  of  the  plaintifi', 
in  said  county,  and  then  and  there  carried  away  one  horse  of 


20  ACTIONS    PERSONAL. 

the  value  of  one  hundred  doHars  of  the  goods  of  the  plaintiff, 
and  converted  the  same  to  his  own  use,  and  other  wrongs  to  the 
plaintiff  then  and  there  did  to  his  great  damage,  &c. 
Bail  in  ^1000. 

Yours,  &c., 

William  Marshall, 
James  Davis,  Esq.  Plaintiff's  Attorney. 

Prothonotar^.  March,  2,  1855. 


5.  Defendant's  Bond  to  Sheriff  on  Capias. 

p.  33,  pi.  23.     13  June  1836,  P.  L.  573. 

i-1  ITT  ^.^  ^    In  the  Court  of  Common  Pleas  of  Chester 

George  Wills   ) 

(       county. 

T  !1"  I  Of  May   Term,    1855.      No.    6.      Capias 

John  Gregg.    )      n^ 

Trespass. 

Know  all  men  by  these  presents.  That  we  John  Gregg,  above 
named,  John  Ward  and  George  Gray,  all  of  the  borough  of 
West  Chester,  in  the  county  of  Chester,  are  held  and  firmly 
bound  to  the  Commonwealth  of  Pennsylvania,  in  the  sum  of  one 
thousand  dollars,  to  be  paid  to  the  said  Commonwealth,  her  cer- 
tain attorney  and  assigns ;  to  which  payment  well  and  truly  to 
be  made  we  bind  ourselves  jointly  and  severally,  our  heirs, 
executors  and  administrators  and  every  of  them,  firmly  by  these 
presents  ;  sealed  with  our  seals,  dated  the  third  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five. 

Whereas  the  above  named  John  Gregg,  having  been  arrested 
and  detained  by  Jesse  Sharp,  sheriff  of  said  county  of  Chester, 
by  force  of  the  writ  in  the  above  stated  action,  has  been  let  to 
bail  by  the  said  sheriff  upon  his  giving  bond  with  the  above 
named  John  Ward  and  George  Gray  as  sureties : 

Now  the  condition  of  this  obligation  is  such,  that  in  case  the 
said  John  Gregg  shall  be  condemned  in  said  action,  if  he  shall 
satisfy  the  condemnation  money  and  costs,  or  surrender  himself 
into  the  custody  of  the  sheriff  of  said  county,  or  in  default 
thereof,  if  the  said  John  Ward  and  George  Gray  shall  do  so  for 


ACTIONS    PERSONAL.  21 

him,  then  this  obligation  to  be  void  or  else  be  and  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  in  the 
presence  of  f 

John  Way,  | 

James  Rex.  ^ 


John  Gregg, 

[L. 

s.l 

John  Ward, 

[L. 

^•1 

George  Gray, 

[L. 

S.] 

6.     Notice  hy  Sheriff  of  Bail,  ^o. 

p.  33,  pi.  26.     13  June  1836,  P.  L.  573. 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  May  Term,  1865.    No.  6.  Bail  in  §1000. 

To  William  Marshall,  Esq., 
PlaintiflF's  Attorney. 

Sir, — Please  to  take  notice  that  having  arrested  the  defend- 
ant, by  virtue  of  the  writ  in  the  above  case,  I  have  let  him  to 
bail,  he  having  given  bond  in  the  sum  of  one  thousand  dollars, 
with  condition  as  is  provided  by  the  tenth  section  of  the  Act  of 
June  13,  1836,  relating  to  the  commencement  of  actions ;  and 
that  John  Ward  and  George  Gray,  both  residing  in  the  borough 
of  West  Chester,  are  the  bail  in  said  bonds. 

Jesse  Sharp, 

May  1st  1855.  Sheriff. 


7.  Leave  to  deposit  amount  of  Bail  in  Court  on  Capias. 

p.  34,  pi.  37.     13  .Tune  1836,  P.  L.  575, 

^  --^  ^  In  the  Court  of  Common  Pleas  of  Chester 

George  Wills  ) 

f       county. 

^  (Of  May  Term,    1855.      No.    6.       Capias 

John  Gregg.    I      ,„      "^  t,  •,  •    r^.-l/^A^ 

^       Trespass.     Bail  in  $1000. 


22  ACTIONS    PERSONAL. 

Sheriff  returns  "  Cepi  Corpus"  (or  "  Cepi  Corjms  and  bail 
bond.") 

And  noAv,  May  1,  1855,  by  leave  of  the  court,  the  defendant 
deposits  and  pays  into  court  the  sum  of  one  thousand  dollars 
the  bail  demanded  in  the  above  suit,  to  abide  the  event  of  said 
suit,  and  it  is  thereupon  ordered  by  the  court,  that  the  said  John 
Gregg  be  discharged  from  imprisonment  (or  that  John  Ward  and 
George  Gray,  the  bail  of  the  defendant  in  said  bond,  be  dis- 
charged from  all  liability). 


8.  Notice  to  Defendant  of  Exception  to  Bail. 

p.  33,  pi.  27.     13  June  1836,  P.  L.  573. 

George  Wills  "]  In  the  Court  of  Common  Pleas  of  Chester 

V.  y      County. 

John  Gregg.    J  Of  May  Term,  1855.  No.  6.  Capias  Trespass. 

To  Samuel  Lewis,  Esq., 

Defendant's  Attorney. 
Sir, — Please  to  take  notice  that  the  plaintiff  excepts  to  the 
sufficiency  of  John  Ward  and  George  Gray,  the  bail  taken  in 
the  above  case. 

Yours,  &c., 

William  Marshall, 
Plaintiff's  Attorney. 

May  10,  1855. 


9.  Notice  of  Sheriff  of  Exception  to  Bail. 

p.  33,  pL  27.     13  June  1836,  P.  L.  573. 

-^  In  the  Court  of  Common  Pleas  of  Chester 
George  Wills   ) 

f       county. 

^'  (  Of  May  Term,  1855.     No.  6.     Capias  Tres- 

JoHN  Gregg.    J 

-^       pass. 

The  plaintiff  excepts  to  the  sufficiency  of  John  Ward  and 


ACTIONS    PERSONAL.  23 

George    Gray,   the   bail    taken    by    the    sheriff  in    the  above 

case. 

William  Marshall, 
To  Jesse  Sharp,  Esq.,  Plaintiff's  Attorney. 

Sheriff  of  Chester  Co.  May  10,  1855. 


10.  Notice  of  Justification  of  Bail. 

p.  83,  pL  27.     13  June  1836,  P.  L.  573. 

George  Wills  j  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  May  Term,  1855.  No.  6.  Capias  Trespass. 

To  William  Marshall,  Esq., 
Plaintiff's  Attorney. 
Sir, — Please  to  take  notice  that  John  Ward  and  George 
Gray,  the  bail  taken  by  the  sheriff  in  the  above  case,  will  justify 
before  the  Hon.  Townsend  Haines,  President  Judge  of  said 
court,  at  the  Prothonotary's  office,  on  the  thirteenth  day  of 
May,  instant,  at  10  o'clock,  a.  m. 

Samuel  Lewis, 

Defendant's  Attorney. 
May  11,  1855. 


11.  Notice  of  Substitution  of  Bail. 

P.  33,  pi.  27.     13  June  1836,  P.  L.  573. 

George  Wills  \  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg.  J  Of  May  Term,  1855.  No.  6.  Capias  Trespass. 

To  William  Marshall,  Esq., 
Plaintiff's  Attorney. 
Sir, — Please   to  take    notice  that,  to  the  bail  taken  by  the 
sheriff  in  the  above  case,  will  be  added,  (or, — instead  of  tlie  bail 


24 


ACTIONS    PERSONAL. 


taken  in  the  above  case,  will  be  substituted,)  James  Jones  and 
Robert  Smith,  of  the  township  of  Penn,  in  said  county,  farmers, 
who  will  justify  before  the  Hon.  Townsend  Haines,  President 
Judge  of  said  court,  at  the  Prothonotary's  oflSce,  on  the  thirteenth 
day  of  May  instant,  at  10  o'clock,  a.  m. 

Yours,  &c., 

Samuel  Lewis, 

Defendant's  Attorney. 

May  11,  1855. 


12.  Deposit  with  Sheriff  in  lieu  of  Bail. 

p.  34,  pi.  34.     13  June  1836,  P.  L.  575. 

George  Wills  ")  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg.    J  Of  May  Term,  1855.  No.  6.  Capias  Trespass. 

1855,  May  1.  Received  of  John  Gregg  the  sum  of  one  thou- 
sand dollars  deposited  with  me  in  lieu  of  all  bail  demanded  in 
the  above  case,  to  abide  the  event  of  said  suit. 

Jesse  Sharp, 

Sheriff. 


13.  Affidavit  and  Precipe  for  Special  Capiat. 

p.  34,  pi.  39.     13  June  1836,  P.  L.  575. 

^  -rxr         -V  In  the  Court  of  Common  Pleas  of  Chester 

George  Wills   | 

I       county. 

John  Greeg      1  ^^   ^-'■^J  Term,  1856.     No.  5.    Summons. 
^      Debt,  §500. 

Chester  county,  ss. 

George  Wills,  above  named,  being  duly  sworn  says,  that  the 
above  stated  action  is  pending,  that  the  said  John  Gregg  the 


ACTIONS    PERSONAL.  25 

defendant,  is  justly  and  truly  indebted  to  him  in  the  sum  of  five 
hundred  dollars,  with  interest,  on  a  bond  dated  the  first  day  of 
April,  A.  D.  1855,  conditioned  for  the  payment  of  the  said  sum 
of  five  hundred  dollars  in  one  year  from  the  date  thereof,  with 
interest ;  and  that  said  John  Gregg  is  about  to  quit  the  Com- 
monwealth, as  this  deponent  verily  believes,  without  leaving 
sufficient  real  or  personal  estate  therein  to  satisfy  said  demand. 

George  Wills. 
Sworn  and  subscribed,  July  1,       ^ 
A.  D.  1856,  before  V 

James  Davis,  Prothonotary.  J 

Issue  special  capias  ad  respondendum  against  John  Gregg, 
the  defendant  in  the  above  action. (a) 

William  Marshall, 
To  James  Davis,  Esq.,  Plaintifi"'s  Attorney. 

Prothonotary.  July  1,  1856. 


14.     Affidavit  on  Insolvency  of  Original  Bail. 

p.  35,  pi.  41,  42.     13  June  1836,  P.  L.  577. 

George  Wills  '\  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg,     j  Of  May  Term,  1855.  No.  6.  Capias  Trespass. 

Chester  county,  ss. 

George  Wills,  the  plaintiff  above  named,  being  duly  sworn, 
says,  that  John  Ward,  the  bail  for  the  defendant  in  this  action, 
has,  pending  the  same,  assigned  his  eff'ects  for  the  benefit  of  his 
creditors  (or  as  the  case  may  be). 

Sworn  and  subscribed,  .June  15,    ^  George  Wills. 

a.  d.  1855,  before  me  V 

James  Davis,  Prothonotary.  J 

(a)  The  provision  to  which  this  form  relates,  is  probably  rendered  inopera- 
tive, at  least  as  to  action  on  contract,  by  the  Act  of  July  12,  1842,  "  To  Abolish 
Imprisonment  for  Debt." 


26  ACTIONS    PERSONAL. 

15.  Rule  to  enter  Additional  Bail. 

And  now,  to  wit,  June  15,  1855,  on  the  filing  of  the  plain- 
tiif's  afiidavit  in  this  case,  a  rule  is  entered  requiring  the 
defendant  to  find  additional  bail  on  or  before  the  twentieth  day 
of  June  instant. 

Three  days'  notice  of  the  above  rule  to  be  given  by  the  plain- 
tiff to  the  defendant. 


16.  Precipe  for  Special  Capias  in  default  of  Bail  under  fore- 
going Rule. 

George  Wills  "]  In  the  Court  of  Common  Pleas  of  Chester 

V.  y      county. 

John  Gregg.    J  Of  May  Term,  1855.     No.  6.    Trespass. 

Issue  special  capias  ad  respondendum  in  the  above  action  in 
default  of  additional  bail. 
Bail  in  $1000. 

William  Marshall, 
James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary.  June  21,  1855. 


17.  Process  for  Capias  to  arrest  Freeholder. 

p.  35,  pL  46.     20  March  1725,  1  Sm.  L.  164. 

(  In  the   Court  of  Common  Pleas  of  Chester 

V.  > 

T  r^  county. 

John  Gregg.   J  "^ 

Issue  capias  trespass  against  the  defendant  to  answer  the 
plaintiff  wherefore  the  defendant  broke  and  entered  the  close  of 
the  plaintiff,  and  took  and  carried  away  the  goods  of  the  plain- 
tiff of  great  value,  to  wit :  one  horse  of  the  value  of  two  hundred 


ACTIONS    PERSONAL.  27 

dollars,  and   other  wrongs  to  the   plaintiff   did,  to  his  great 
damage,  &c. 
Bail  in  $500. 

William  Marshall, 

James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary.  Jan.  1,  1856. 

Affidavit. 
Chester  county,  ss. 

George  Wills,  the  above  plaintiff,  being  sworn  in  due  form  of 
law  says,  that  the  defendant  above  named  has  signified  his  in- 
tention of  going  to  sea  (or  of  removing  out  of  this  Common- 
wealth, or  as  the  case  may  be),  as  this  deponent  verily  believes. 

Sworn  and  subscribed,  Jan.  1,  "^  George  Wills. 

1856,  before  the  undersigned 

a   Justice  of   the  Peace  of  ^ 

said  county.  | 

James  Davis.  j 


FRAUDULENT    DEBTORS. 

18.  Affidavit  for  Warrant  of  Arrest. 

p.  36,  pL  51,  52.     12  July  1842,  P.  L.  339. 

^  _„  ^  In  the  Court  of  Common  Pleas  of  Chester 

George  Wills    ) 

f       county. 

^  '  1  Of  January  Tei'm,  1855.     No.  7.     Case  in 

John  Gregg.     )       .  ., 

^       Assumpsit. 

Chester  county,  ss. 

George  Wills,  the  plaintiff  above  named,  being  duly  sworn 
says,  that  he  has  commenced  a  suit  as  above  stated ;  that  the 
defendant  is  indebted  to  him  in  the  sum  of  three  hundred  dol- 
lars on  a  book  account  for  goods  sold  and  delivered,  (or  as  the 
case  may  be, — describing  the  character  of  the  indebtedness  with 
reasonable  particularity),  that  shortly  before  the  commencement 
of  said  suit,  the  defendant  had  in  his  possession  and  was  the 
owner  of  four  horses  (or  as  the  case  may  be) ;  that  three  of  the 
said  horses  are  not  now  in  his  possession,  and,  as  he  is  informeil 
and  believe.-;,  are  not  in  the  county  of  Chester,  but  in  the  county 


28  ACTIONS    PERSONAL. 

of  Lancaster,  in  the  possession  of  one  James  Gregg,  a  brother 
of  the  defendant ;  that,  as  this  deponent  is  informed  and  believes, 
said  James  Gregg  is  of  small  pecuniary  means,  unable  to  pay 
for  said  horses,  is  a  carpenter,  and  has  no  employment  for  them 
(or  as  the  facts  may  be),  that  the  deponent  believes  that  the  de- 
fendant has  assigned,  removed  and  disposed  of  said  property 
as  aforesaid,  Avith  intent  to  defraud  his  creditors, (a)  (or  as  the 
case  may  be). 

Sworn  and  subscribed,  Janu-^  George  Wills. 

ary  6,  1855,  before  the  un-  I 

dersigned  a  Justice  of  the  )■ 

Peace  of  said  county.  | 

Henry  Fleming.       J 


19.  Judge  s  Warrant. 

p.  37,  pi.  53.     12  July  1842,  P.  L.  340. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  the  sheriff  or  any 
constable  of  Chester  county,  greeting  : 

Whereas,  complaint  has  this  day  been  made  before  me,  on  the 
oath  (or  aflBrmation  as  the  case  may  be)  of  George  AYills,  setting 
forth  that  he  has  commenced  suit  in  the  Court  of  Common  Pleas 
of  Chester  county,  No.  7,  to  January  Term,  1855,  against  John 
Greo-or ;  that  the  said  John  Gregg  is  indebted  to  him  in  the  sum 
of  three  hundred  dollars  on  a  book  account  for  goods  sold  and 
delivered ;  that  shortly  before  the  commencement  of  said  suit, 
the  said  John  Gregg  had  in  his  possession  and  was  the  owner 
of  four  horses  ;  that  three  of  said  horses  are  not  now  in  his  pos- 
session, and  are  not  in  the  county  of  Chester  but  in  the  county 
of  Lancaster,  in  the  possession  of  one  James  Gregg,  a  brother 
of  defendant ;  that  the  said  James  Gregg  is  a  man  of  small 
pecuniary  means,  unable  to  pay  for  said  horses,  is  a  carpenter, 
and  has  no  employment  for  them  ;  and  that  the  said  John  Gregg 
has  assigned,  removed,  and  disposed  of  said  property  described 

(a)  It  is  necessary  that  the  facts  should  be  set  out  In  the  affidavit,  to  enable 
the  judf^e  to  infer  whether  they  are  sufficient  to  justify  an  arrest  under  the  act. 
iJoughertjj  v.  Dougherly,  6  P.  L.  J.  153. 


ACTIONS   PERSONAL.  29 

in  said  complaint,  with  intent  to  defraud  his  creditors  (conform- 
ing to  the  affidavit).  These  are,  therefore,  to  command  you  to 
arrest  the  said  John  Gregg,  and  bring  him  before  me  at  mj 
office  in  the  borough  of  West  Chester,  without  delay,  to  be  dealt 
with  according  to  law :  And  have  you  there  also  this  precept. 

Witness  my  hand  at  West  Chester,  aforesaid,  this  sixth  day 
of  January,  A.  D.  one  thousand  eight  hundred  and  fifty-five. 

TowNSEND  Haines, 

Pres.  Judge,  15  Jud.  Dist. 


20.  Defendant' 8  Counter  Affidavit. 

p.  37,  pi.  55.     12  July  1842,  P.  L.  340. 

GEOEaE  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  y      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

Chester  county,  ss. 

John  Gregg,  the  above-named  defendant,  being  duly  sworn 
says,  that  the  said  horses  were  bond  fide  sold  and  delivered  to 
the  said  James  Gregg ;  and  that  the  said  James  Gregg  paid  the 
deponent  the  sum  of  three  hundred  dollars ;  that  the  deponent 
sold  said  horses  for  the  purpose  of  raising  money  to  discharge 
debts  due  by  him  to  the  Bank  of  Chester  County,  in  two  notes, 
amounting  together  to  the  sum  of  two  hundred  and  fifty  dollars, 
for  which  Richard  Pierce  and  Eli  Bones  were  liable  as  endorsers  ; 
and  that  the  said  sum  of  two  hundred  and  fifty  dollars  has 
been  placed  in  the  hands  of  the  said  Richard  Pierce  and  Eli 
Bones,  to  take  up  said  notes  when  they  shall  become  due ;  that 
about  twenty  dollars  of  said  sum  of  three  hundred  dollars  has 
been  expended  by  the  deponent  in  the  necessary  support  of  his 
family,  thirty  dollars  or  thereabouts  still  remaining  in  his  pos- 
session ;  and  that  said  horses  were  not  assigned,  removed,  or 
disposed  of  for  the  purpose  of  defrauding  the  creditors  of  this 
deponent. 

Sworn  and  subscribed,  Jan-  "|  John  Gregg. 

uary  7,  A.  d.  1855,  before  V 
Townsend  Haines,  P.  J.  J 


30  ACTIONS    PERSONAL. 

21.  Bond  for  Appearance  after  Arrest  at  Adjourned  Hearing. 

p.  37,  pi.  55.     12  July  1842,  P.  L.  340. 

George  Wills  "]  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     Ko.  7. 
> 

Know  all  men  by  these  presents,  that  we,  John  Gregg,  the 
defendant  above  named,  and  Henry  Rose,  both  of  said  county, 
are  held  and  firmly  bound  unto  George  Wills,  the  above-named 
plaintiff,  in  the  sum  of  six  hundred  dollars,  to  be  paid  to  the 
said  George  Wills,  his  executors,  administrators  or  assigns,  to 
which  payment  well  and  truly  to  be  made  we  do  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents.  Sealed  with  our  seals,  dated  the 
seventh  day  of  January,  A.  D.  one  thousand  eight  hundred  and 
fifty-five. 

Whereas,  by  virtue  of  a  warrant  issued  by  the  Hon.  Town- 
send  Haines,  President  Judge  of  said  court,  the  said  John  Gregg 
has  been  arrested,  and  is  now  before  said  judge,  on  the  complaint 
of  said  George  Wills,  that  he  is  indebted  to  him,  the  said  George 
Wills,  in  the  sum  of  three  hundred  dollars,  for  which  he  has  com- 
menced suit ;  and  that  the  said  John  Gregg  has  assigned,  re- 
moved and  disposed  of  his  property  with  intent  to  defraud  his 
creditors,  and  said  judge  has  adjourned  the  further  hearing  of 
said  John  Gregg  until  the  seventeenth  day  of  January  instant, 
at  ten  o'clock  a.  m.,  at  the  office  of  said  judge,  in  the  borough 
of  West  Chester : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above 
bounded  John  Gregg  shall  appear  at  the  said  adjourned  hear- 
ing then  this  obligation  to  be  void,  or  else  to  be  and  remain  in 
full  force  and  virtue. 

Sealed  and  delivered  in  the  ^         Henry  Rose,  [l.  s.] 

presence  of  I         John  Gregg,  [l.  s.] 

William  Marshall,  ' 
Samuel  Lewis. 


ACTIONS    PERSONAL,  31 

22.   Commitment  after  Arrest. 

p.  37,  pi.  57.     12  July  1842,  P.  L.  340. 

Geoege  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Geegg.    J  Of  January  Term,  1855.     No.  7. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  sheriff  of  said 
county,  and  the  keeper  of  the  jail  of  said  county  : 

Whereas  the  plaintiflf,  George  Wills,  by  his  affidavit,  has  re- 
presented to  me  that  the  defendant,  John  Gregg,  is  indebted  to 
him  in  the  sum  of  three  hundred  dollars,  for  which  he  has  com- 
menced the  above  suit ;  that  said  debt  has  been  contracted  for 
goods  sold  and  delivered  to  him;  that  shortly  before  the  com- 
mencement of  said  suit,  the  defendant  had  in  his  possession, 
and  was  the  owner  of  four  horses ;  that  at  the  making  of  said 
affidavit,  three  of  the  said  horses  were  not  in  the  possession  of 
said  John  Gregg,  and  were  not  in  the  county  of  Chester,  but  in 
the  county  of  Lancaster,  in  the  possession  of  James  Gregg,  a 
brother  of  the  defendant,  who  is  of  small  pecuniary  means, 
unable  to  pay  for  said  horses,  is  a  carpenter,  and  has  no  use 
for  them,  and  that  the  defendant  has  assigned,  removed  and 
disposed  of  said  property  with  intent  to  defraud  his  creditors ; 
and  the  said  John  Gregg,  having  been  arrested  and  brought 
before  me,  Townsend  Haines,  President  Judge  of  the  said  court, 
by  virtue  of  a  warrant  of  arrest,  issued  upon  said  complaint, 
and  I,  having  inquired  into  the  allegations  of  the  complaint 
above  specified,  am  this  day  satisfied  that  the  same  are  sub- 
stantiated, and  that  the  said  John  Gregg  has  assigned,  removed 
and  disposed  of  his  above  mentioned  property,  with  intent  to 
defraud  his  creditors  (or  as  the  case  may  be,  conforming  to  the 
affidavit). 

These  are  to  command  the  said  sheriff  to  convey  the  said 
John  Gregg  to  the  said  jail,  and  the  keeper  thereof  to  receive 
and  there  detain  him  until  he  shall  be  discharged  by  law. 

Witness  my  hand  and  seal  the  seventeenth  day  of  January, 
A.  D.  one  thousand  eight  hundred  and  fifty-five. 

Townsend  Haines,  [l.  s.] 
President  Judge. 


32  ACTIONS    PERSONAL. 


23.  Bond  of  Defendant  for  Payment  before  Expiration  of  Stay 
on  Judgment. 

p.  37,  pi.  58.     12  July  1842,  P.  L.  340. 


George  Wills 

V. 

John  Gregg. 


In  the  Court  of  Common  Pleas  of  Chester 

county. 
Of  January  Term,  1855.     No.  7. 
Jan.  2,  1855.     Judgment  for  plflF.  for  $300. 


Know  all  men  by  these  presents,  that  we  John  Gregg,  the 
defendant  above  named,  and  Henry  Rose,  both  of  said  county, 
are  held  and  firmly  bound  unto  George  Wills  the  above-named 
plaintiff,  in  the  sum  of  six  hundred  dollars,  to  be  paid  to  the 
said  George  Wills,  his  executors,  administrators  or  assigns,  to 
which  payment  well  and  truly  to  be  made  we  do  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
and  every  of  them,  firmly  by  these  presents.  Sealed  with  our 
seals,  dated  the  seventh  day  of  January,  A.  D.  one  thousand 
eight  hundred  and  fifty-five. 

Whereas,  the  said  John  Gregg  having  been  examined  before 
the  Hon.  Townsend  Haines,  President  Judge  of  said  court,  on 
the  complaint  of  said  George  Wills,  that  the  said  John  Gregg  is 
indebted  to  him,  by  judgment,  in  the  sum  of  three  hundred  dol- 
lars, and  that  he  has  fraudulently  assigned  his  property  (or  as 
the  case  may  be),  as  in  said  complaint  is  specified,  and  the  said 
judge  has  been  satisfied  that  the  allegation  in  said  complaint  is 
substantiated;  and  the  said  Henry  Rose,  with  whom  said  judge 
is  satisfied,  is  willing  to  become  security  for  the  payment  of  the 
said  debt  with  costs  of  the  suit  and  the  proceedings  against  him, 
with  interest: 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  shall  pay  to  the  said  George  Wills,  his  executors, 
administrators,  or  assigns,  the  amount  of  the  above  stated  judg- 
ment with  costs  of  the  suit  and  the  proceedings  against  him, 
with  interest,  in  nine  months  from  the  first  day  of  January  Term 


ACTIONS   PERSONAL.  33 

aforesaid,  then  this  obligation  to  be  void,  or  else  to  be  and  re- 
main in  full  force  and  virtue. 

Sealed  and  delivered  in  pre- "I  John  Gregg,     [l.  s.] 

sence  of  us,  [         Henry  Rose,    [l.  s.] 

Townsend  Haines, 
William  Marshall. 


24.  Bond  of  Defendant  for  Payment  after  Expiration  of  Stay. 

p.  37,  pi.  58.     12  July  1842,  P.  L.  340. 

George  Wills  "i  ''""  *^®  Court  of  Common  Pleas  of  Chester 

(       county. 
John  Gregg.    J  Of  January  Term,  1854.     No.  10. 

^  March  20, 1854.  Judgment  for  plff.  for  $300. 

Know  all  men  by  these  presents,  that  we  John  Gregg,  the 
defendant  above  named,  and  Henry  Rose,  both  of  said  county, 
are  held  and  firmly  bound  unto  George  Wills,  the  above  named 
plaintijOF,  in  the  sum  of  six  hundred  dollars,  to  be  paid  to  the 
said  George  Wills,  his  executors,  administrators  or  assigns,  to 
which  payment  well  and  truly  to  be  made  we  do  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents.  Sealed  with  our  seals,  dated  the 
seventh  day  of  January,  A.  D.  one  thousand  eight  hundred  and 
fifty-five. 

Whereas,  the  said  John  Gregg  having  been  examined  before 
the  Hon.  Townsend  Haines,  President  Judge  of  said  court,  on 
the  complaint  of  the  said  George  Wills,  that  the  said  John  Gregg 
is  indebted  to  him  by  the  above  stated  judgment  in  the  sum  of 
three  hundred  dollars ;  and  that  the  length  of  time  for  stay  of 
execution  for  debts  of  like  amount  has  expired,  and  that  the  said 
John  Gregg  has  fraudulently  assigned  his  property  (or  as  the 
case  may  be),  in  said  complaint  specified,  and  the  said  judge 
has  been  satisfied  that  the  allegation  in  said  complaint  is  sub- 
stantiated, and  the  said  Henry  Rose,  with  whom  the  said  judge 
3 


34  ACTIONS   PERSONAL. 

is  satisfied,  is  willing  to  become  surety  for  the  payment  of  the 

said  debt  with  costs  of  the  suit  and  the  proceedings  against  him, 

with  interest  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above 

named  John  Gregg   shall  pay  to  the  said    George   Wills  the 

amount  of  the  above  judgment  with  costs  of  the  suit  and  the 

proceedings  against  him,  with  interest,  in  sixty  days  from  the 

date  hereof,  then  this  obligation  to  be  void,  or  else  to  remain  in 

full  force  and  virtue. 

Sealed  and  delivered  in  the  ^  -r         ^  ,-        -, 

„                      )  John  Gregg,  Tl.  s.l 

presence  oi                          [  ^.           ^  ):        i 

rf^           J  TT  •              r  Henry  Rose,  [l.  s.l 

lownsend  Hames,          I  7  l        j 

William  Marshall.         ^ 


25.  Bond  of  Defendant  pending  Suit. 

p.  37,  pi.  58.     12  July  1842,  P.  L.  340. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

Know  all  men  by  these  presents,  that  we  John  Gregg,  the 
defendant  above  named,  and  Henry  Rose,  both  of  said  county, 
are  held  and  firmly  bound  unto  George  Wills  the  above-named 
plaintiff",  in  the  sum  of  six  hundred  dollars,  to  be  paid  to  the  said 
George  Wills,  his  executors,  administrators  and  assigns,  to 
which  payment  well  and  truly  to  be  made  we  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents.  Sealed  with  our  seals,  dated  the 
seventh  day  of  January,  a.  d.  one  thousand  eight  hundred  and 
fifty-five. 

Whereas,  the  said  John  Gregg  having  been  examined  before 
the  Hon.  Townsend  Haines,  President  Judge  of  said  court,  on 
the  complaint  of  said  George  Wills,  that  the  said  John  Gregg  is 
indebted  to  him  in  the  sum  of  three  hundred  dollars  which  is 
not  yet  in  judgment  but  for  which  he  has  commenced  suit  to 
October  Term,  1854,  of  said  court ;  and  that  the  said  John 
Gregg  has  fraudulently  assigned  his  property  (or  as   the  case 


ACTIONS   PERSONAL.  35 

may  be,)  as  in  said  complaint  is  specified,  and  the  said  judge 
has  been  satisfied  that  the  allegations  in  said  complaint  are  sub- 
stantiated ;  and  the  said  Henry  Rose,  with  whom  said  judge  is 
satisfied,  is  willing  to  become  surety  that  the  said  debt  or  demand 
or  so  much,  if  any,  as  shall  be  recovered  with  costs  of  the  suit 
and  costs  of  this  proceeding,  shall  be  paid  with  interest : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  shall  within  sixty  days  from  the  date  hereof,  pay 
the  above  debt  or  demand,  or  so  much,  if  any,  as  shall  be  re- 
covered against  him  with  the  costs  of  the  suit  and  of  this  pro- 
ceeding, with  interest,  in  case  judgment  shall  then  be  recovered 
against  him  therefor,  and  the  length  of  time  for  stay  of  execu- 
tion given  by  law  for  debts  of  the  amount  for  which  the  said 
George  Wills  may  recover  judgment,  shall  then  have  expired, 
and  in  case  the  said  length  of  time  for  stay  of  execution  shall  not 
have  elxpired  at  the  time  of  the  recovery  of  such  judgment ;  if 
he  shall  pay  said  debt  or  demand,  costs  and  interest  aforesaid, 
at  the  expiration  of  said  length  of  time  given  by  law  for  stay  of 
execution  as  aforesaid,  or  within  sixty  days  from  the  date  hereof, 
then  this  obligation  to  be  void,  or  else  shall  be  and  remain  in 
full  force  and  virtue. 

Sealed  and  delivered  in  the  >^  John  Gregg,  [l.  s.] 

presence  of  us  I  Henry  Rose,  [l.  s.] 

Townsend  Haines,         C 
William  Marshall.         ^ 


26.  Bond  of  Defendant  not  to  remove  Property/. 

P.  37,  pi.  59.     12  July  1842,  P.  L.  340. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

^-  y     county. 

John  Gregg.   J  Of  January  Term,  1855.     No.  7. 

Know  all  men  by  these  presents,  that  we,  John  Gregg  the 
defendant  above  named,  Henry  Rose  and  John  Ward,  all  of 
said  county,  are  held  and  firmly  bound  unto  George  Wills  the 
above-named  plaintiff,  in  the  sum  of  six  hundred  dollars  to  be 


36  ACTIONS    PERSONAL. 

paid  to  the  said  George  Wills,  his  executors,  administrators  or 
assigns,  to  which  payment  well  and  truly  to  be  made,  we  bind 
ourselves  jointly  and  severally,  our  heirs,  executors  and  admin- 
istrators, firmly  by  these  presents.  Sealed  with  our  seals,  dated 
the  seventh  day  of  January,  A.  D.  one  thousand  eight  hundred 
and  fifty-five. 

Whereas,  the  said  John  Gregg  having  been  examined  before 
the  Hon.  Townsend  Haines,  President  Judge  of  said  court,  on 
the  complaint  of  said  George  Wills,  that  he  the  said  John  Gregg 
is  indebted  to  him  in  the  sum  of  three  hundred  dollars,  and  that 
he  is  about  to  remove  his  property  out  of  the  jurisdiction  of  said 
court,  with  intent  to  defraud  his  creditors  (or  as  the  case  may 
be),  as  in  said  complaint  is  specified ;  and  said  judge  has  been 
satisfied  that  the  allegations  in  said  complaint  have  been  sub- 
stantiated and  has  approved  of  Henry  Rose  and  John  Ward 
as  sureties  in  this  behalf: 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  will  not  remove  any  property  which  he  now  has  out 
of  the  jurisdiction  of  said  court  with  intent  to  defraud  any  of 
his  creditors,  and  will  not  assign,  sell,  convey  or  dispose  of  any 
of  his  property  with  such  intent  or  with  a  view  to  give  a  prefer- 
ence to  any  creditor  for  any  debt  antecedent  to  such  assign- 
ment, sale,  conveyance  or  disposition  until  the  demand  of  the 
said  George  Wills,  with  costs,  shall  be  satisfied,  or  until  thirty 
days  after  final  judgment  shall  be  rendered  in  the  above  stated 
suit,  then  this  obligation  to  be  void,  or  else  to  be  and  remain  in 
full  force  and  virtue. 

Sealed  and  delivered  in  the 

presence  of  us  ]  ^^^^  ^^E<^«'  C^'  ^'l 

Townsend  Haines,  }         Henry  Rose,  [l.  s.] 

William  Marshall.         J  J^hn  Ward,  [l.  s.] 


27.  Bond  for  benefit  of  Insolvent  Laws. 

p.  37,  pi.  60.     12  July  1842,  P.  L.-340. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 


ACTIONS    PERSONAL.  37 

Know  all  men  by  these  presents,  that  we  John  Gregg,  the 
defendant  above-named,  Henry  Rose  and  John  Ward,  all  of 
said  county,  are  held  and  firmly  bound  unto  George  Wills,  the 
above-named  plaintiff,  in  the  sum  of  six  hundred  dollars,  to  be 
paid  to  the  said  George  Wills,  his  executors,  administrators  or 
assigns,  to  which  payment  well  and  truly  to  be  made,  we  bind 
ourselves  jointly  and  severally,  our  heirs,  executors  and  admin- 
istrators, firmly  by  these  presents.  Sealed  with  our  seals,  dated 
tne  seventh  day  of  January,  A.  D.  one  thousand  eight  hundred 
and  fifty-five. 

Whereas,  the  said  John  Gregg  having  been  examined  before 
the  Hon.  Townsend  Haines,  President  Judge  of  said  court,  on 
the  complaint  of  said  George  Wills,  that  the  said  John  Gregg 
is  indebted  to  him  in  the  sum  of  three  hundred  dollars,  and  that 
he  is  about  to  remove  his  property  out  of  the  jurisdiction  of  said 
court  with  intent  to  defraud  his  creditors  (or  as  the  case  may 
be),  as  in  said  complaint  is  specified,  and  said  judge  has  been 
satisfied  that  the  allegations  in  said  complaint  have  been  sub- 
stantiated ;  and  has  approved  of  Henry  Rose  and  John  Ward  as 
sureties  in  this  behalf  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  will  within  thirty  days  from  the  date  hereof,  apply 
by  petition  to  said  court,  or  to  a  judge  thereof — if  said  court  shall 
not  within  said  thirty  days  be  in  session — for  the  benefit  of  the 
insolvent  laws  of  the  Commonwealth,  and  shall  comply  with  all 
the  requisitions  of  said  law,  and  abide  by  all  orders  of  the  said 
court  in  that  behalf,  or  in  default  thereof,  and  if  he  shall  fail  in 
obtaining  his  discharge  as  an  insolvent  debtor,  he  will  on  the 
day  he  shall  so  fail,  surrender  himself  to  the  jail  of  said  county  ; 
then  this  obligation  to  be  void,  or  else  to  be  and  remain  in  full 
force  and  virtue. 


Sealed  and  delivered  in  the      ^ 
presence  of  us 

Townsend  Haines, 
William  Marshall. 


John  Gregg,  [l.  s.] 
Henry  Rose,  [l.  s.] 
John  Ward,   [l.  s.] 


38  ACTIONS   PERSONAL. 


28.  Petition  for  leave  to  Assign. 

p.  38,  pi.  62,  63.     12  July  1842,  P.  L.  342. 

To  the  Honorable  the  judges  of  the  Court  of  Common  Pleas 
of  Chester  county. 

The  petition  of  John  Gregg  respectfully  represents : 

That  he  was  on  the  seventh  day  of  January,  A.  D.  1855, 
arrested  on  the  complaint  of  George  Wills,  setting  forth  that  the 
petitioner  was  indebted  to  him  in  the  sum  of  three  hundred 
dollars,  and  had  fraudulently  concealed  his  property  (or  as 
the  case  may  he),  as  in  said  complaint  is  specified ;  that  on 
the  hearing  of  said  complaint  before  the  Hon.  Townsend  Haines, 
President  Judge  of  said  court,  he  was,  in  pursuance  of  the  pro- 
visions of  the  eighth  section  of  an  Act  to  abolish  imprisonment 
for  debt  and  punish  fraudulent  debtors,  on  the  seventeenth 
day  of  the  same  month  committed  to  the  jail  of  Chester  county 
to  be  there  detained  until  he  should  be  discharged  according  to 
law  ;  that  he  is  now  detained  in  said  jail  by  virtue  of  said  com- 
mitment (or, — gave  the  bond  specified  in  the  eleventh  section 
of  said  act),  and  that  he  is  desirous  to  assign  his  property  and 
have  the  benefit  of  the  provisions  of  said  act. 

The  petitioner  further  represents,  that  the  petition  is  accom- 
panied with  a  statement  of  all  his  estate,  efi"ects  and  property 
wheresoever  situate  and  of  whatsoever  kind, — with  a  statement 
of  the  debts  due  by  him,  the  names  of  his  creditors,  the  amount 
due  each,  with  the  nature  and  character  of  the  debt  so  far  as  he 
can  ascertain  the  same,  and  a  statement  of  the  causes  of  his  in- 
solvency (and  the  extent  of  his  losses,  if  any).  He  therefore 
prays  the  court,  that  he  may  assign  his  property  and  have  the 
benefit  of  the  provisions  of  this  act. 

And  he  will,  &c., 

John  Gregg. 

Chester  county,  ss. 

John  Gregg,  the  above  petitioner,  being  duly  sworn,  says,  the 


ACTIONS   REAL.  39 

facts  set  forth  in  his  foregoing  petition,  and  in  the  accompany- 
ing statements,  are  true. (a) 

Sworn  and  subscribed,  Febru-^  John  Gregg. 

ary  1,  a.  d.  1855,  before  the  I 
undersigned,   a   Justice   of  y 
the  Peace  of  said  county. 
Henry  Fleming. 

(The  "Statements"  mentioned  in  the  petition,  must  be  at- 
tached to  it.) 


ACTIONS    REAL. 

Petition  for  Guardian  ad  litem. 

p.  39,  pi.  6.     13  June  1836,  P.  L.  587. 

In  the  Court  of  Common  Pleaa 
of  Chester  county. 

OfJanuary  Term,  1855.  No.  8. 
^  Partition. 

(Dower,  Ejectment,  Waste  or 
Nuisance,  as  the  case  may 
be.) 


George  Wills 

V. 

John  Gregg,  Henry  Rose, 
Joseph  Ward,  Paul  Wil- 
son and  Richard  Jones, 
a  minor,  under  the  age  of 
fourteen  years. 
To  the  Honorable  the  Judges  of  said  court. 

The  petition  of  George  Wills,  plaintiff  in  above-stated  action 
of  Partition,  respectfully  represents :  That  the  above-named 
Richard  Jones,  the  minor  defendant,  has  no  guardian  ;  that  ser- 
vice of  the  writ  issued  in  said  action  has  been  duly  made  upon 
Robert  Jones,  the  uncle  and  next  of  kin  of  said  minor,  residing 
in  said  county  of  Chester,  in  which  county  said  minor  resides ; 
that  the  day  on  which  judgment  by  default  might  be  taken 
against  such  minor,  if  he  were  of  full  age,  has  passed ;  the  peti- 
tioner, therefore,  prays  the  court  to  appoint  a  guardian  ad  litem 
for  such  minor. 

And  he  will,  &c., 
Jan.  27,  1855.  George  Wills. 

(a)  Sec  Detwiler  v.  Casselherry,  5  W.  &  S.  179. 


40  ACTIONS   REAL. 

Chester  county,  ss. 

George  Wills,  the  above  petitioner,  being  sworn,  says,  that 
the  statements  in  the  foregoing  petition  are  true,  as  he  verily 
believes. 

Sworn  and  subscribed,  Jan.  27,      "]  George  Wills. 

A.  D.  1855,  before  > 

James  Davis,  Prothonotary.  j 

1855,  January  27.  The  petition  of  George  Wills  being  read 
and  duly  considered,  the  court  on  motion  of  William  Marshall, 
Esq.,  of  counsel  with  the  plaintiff,  appoint  Robert  Jones  guar- 
dian ad  litem  of  the  within  named  Richard  Jones. 

Note. — If  the  minor  be  above  fourteen  years  the  petition  should  state  that 
*'  service  of  writ  has  been  duly  made  on  said  minor." 


2.  Return  of  Sheriff  to  Writ  of  Partition. 

P.  30,  pi.  3.     p.  39,  pi.  8.     13  June  1836,  P.  L.  572,  587.     P.  772,  pi.  17.     11  April 
1835,  P.  L.  200. 

To  the  Honorable  the  Judges  within  named,  I,  Jesse  Sharp, 
sheriff  of  the  county  of  Chester,  do  certify  and  return,  that  I 
served  the  within  writ  on  John  Gregg,  on  the  tenth  day  of 
January,  a.  d.  1855,  by  reading  the  same  in  his  hearing,  and 
giving  him  a  true  and  attested  copy  thereof;  on  the  same  day, 
on  Henry  Rose,  who  could  not  conveniently  be  found,  by  leav- 
ing a  true  and  attested  copy  of  said  writ  at  his  dwelling-house 
in  the  presence  of  an  adult  member  of  his  family ;  on  the  same 
day,  on  Joseph  Ward,  who  could  not  conveniently  be  found,  by 
leaving  a  true  and  attested  copy  of  the  said  writ  at  the  dwell- 
ing-house of  Charles  Jackson,  with  whom  he  resides,  in  the  pre- 
sence of  an  adult  member  of  said  Charles  Jackson's  family ;  on 
the  same  day,  on  Richard  Jones,  a  minor,  by  reading  said  writ 
to  Robert  Jones,  the  uncle,  and  next  of  kin  of  said  minor,  and 
giving  him  a  true  and  attested  copy  thereof,  and  on  Paul  Wil- 
son, who  resides  out  of  said  county  of  Chester,  by  publication 
as  appears  by  the  annexed  affidavit. 

So  Answers, 

Jesse  Sharp, 

Sheriff. 


ADOPTION.  41 

3.  Affidavit  of  Publication  of  Writ  of  Partition. 

p.  39,  pi.  8.    13  June  1836,  P.  L.  587.     P.  772,  pi.  17.   11  April  1835,  P.  L.  200. 

Chester  county,  ss. 

Jesse  Sharp,  sheriff  of  the  county  of  Chester,  being  duly 
sworn  says,  that  a  copy  of  the  within  writ  was  published,  once  a 
week  for  six  successive  weeks  previously  to  the  last  Monday  in 
January,  being  the  return  day  thereof,  in  "  The  Press,"  a  news- 
paper published  in  the  city  of  Philadelphia,  to  wit,  on  the  seven- 
teenth, twenty-fourth  and  thirty-first  days  of  December  last,  and 
on  the  seventh,  fourteenth  and  twenty-first  days  of  January,  in- 
stant, and  in  "  The  Times,"  a  newspaper  published  in  the  county 
of  Chester,  on  the  same  days.     A  copy  of  said  publication  is 

hereto  annexed. 

Jesse  Sharp. 
Sworn  and  subscribed,  January     ^ 
26th,  a.  d.  1855,  before  I 

James  Davis,  Prothonotary.  J 


ADOPTION. 

1.  Petition  for  Child  with  Parents. 

P.  44,  pi.  1.     4  May  1855,  P.  L.  431. 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  county. 

The  petition  of  James  Wills  of  the  county  of  Chester,  re- 
spectfully represents,  That  he  is  desirous  of  adopting  Charles 
Gregg,  a  child  of  John  Gregg,  of  the  Township  of  Penn,  and 
Sarah  Gregg  his  wife,  as  one  of  his  heirs ;  and,  for  that  purpose, 
he  herein  declares  his  said  desire  and  also  that  he  will  perform 
all  the  duties  of  a  parent  to  said  Charles  Gregg.  The  peti- 
tioner therefore  prays  the  court,  if  satisfied  that  the  welfare  of 
said  Charles  Gregg  will  be  promoted  by  such  adoption,  with  the 
consent  of  the  said  John  Gregg  and  Sarah  Gregg,  evidenced 
by  their  signing  this  petition,  to  decree  that  the  said  Charles 
Gregg  may  assume  the  name  of  the  petitioner,  viz.   Charles 


42  ADOPTION. 

Wills,  and  have  all  the  rights  of  a  child  and  heir  of  the  peti- 
tioner and  be  subject  to  the  duties  of  a  child. 

April  1,  1860.  And  he  will,  &c. 

James  Wills, 
John  Gregg, 
Sarah  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


2.  Petition  for  Child  without  Parents. 

p.  44,  pi.  1.     4  May  1855,  P.  L.  431. 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  county. 

The  petition  of  James  Wills,  of  said  county  of  Chester,  re- 
spectfully represents,  that  he  is  desirous  of  adopting  Abel  Lea, 
a  child  "without  known  parents  (or  as  the  case  may  be),  as  one 
of  his  heirs ; — and,  for  that  purpose,  he  herein  declares  his  said 
desire  and  also  that  he  will  perform  all  the  duties  of  a  parent 
to  the  said  Abel  Lea ;  the  petitioner  further  represents  that  the 
said  child  has  been  supported  for  more  than  one  year  by  the 
Children's  Home,  a  charitable  institution  in  said  county. 

The  petitioner  therefore  prays  the  court,  if  satisfied  that  the 
welfare  of  the  said  Abel  Lea  will  be  promoted  by  such  adoption, 
and  with  the  consent  of  the  aforesaid  Children's  Home,  signified 
by  an  attested  copy  of  a  resolution  of  the  board  of  managers 
of  the  same  hereto  annexed,  to  decree  that  said  Abel  Lea  may 
assume  the  name  of  the  petitioner,  viz.  of  Abel  Wills,  and 
have  all  the  rights  of  a  child  and  heir  of  the  petitioner  and 
be  subject  to  the  duties  of  such  child. 

And  he  will,  &c. 

James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


3.  Decree  of  Court  for  Adoption  of  Child. 

p.  44,  pi.  1.     4  May  1855,  P.  L.  431. 

And  now,  April  1,  I860,  upon  the  petition  of  James  Wills 
and  it  appearing  that  Abel  Lea  the  child  therein  mentioned, 


APPRENTICES.  43 

has  been  supported  by  the  Children's  Home,  a  charitable  institu- 
tion, for  one  year ;  and  the  court  being  satisfied  on  due  consi- 
deration, that  the  welfare  of  the  said  Abel  Lea  will  be  promoted 
by  being  adopted  as  his  child  and  one  of  his  heirs,  with  the 
consent  of  said  Children's  Home,  decree  that  the  said  child  shall 
assume  the  name  "Abel  Wills,"  and  have  all  the  rights  of  a  child 
and  heir  of  the  said  James  Wills,  and  be  subject  to  the  duties 
of  a  child. 


APPRENTICES. 


1.  Petition  to  Bind. 

p.  47,  pi.  1.    27  March  1713,  1  Sm.  L.  83. 

To  the  Honorable  the  judges  of  the  Orphans'  Court  of  Ches- 
ter county. 

The  petition  of  Robert  Jones,  guardian  of  the  person  and  es- 
tate of  Richard  Jones,  a  minor  child  of  Jacob  Jones,  late  of  the 
Township  of  Penn  in  said  county,  deceased. 

Respectfully  represents  :  That  the  estate  of  said  minor  is 
very  small,  amounting  in  the  whole  but  to  two  hundred  dollars, 
that  he  is  now  about  twelve  years  of  age,  and  in  good  health 
(or  such  facts  as  may  be),  and  that  the  petitioner  believes  that 
it  will  be  for  the  interest  of  said  minor  that  he  should  be  bound 
apprentice  to  a  suitable  trade,  to  husbandry  or  other  employment. 

He  therefore  prays  the  court  to  order  and  direct  the  petitioner 
to  bind  said  minor  to  such  employment  as  shall  be  thought  fit. 

And  he  will,  &c. 

Robert  Jones. 
Chester  county,  ss. 

Robert  Jones  above  named,  being  duly  sworn  says  that  the 
statements  in  the  foregoing  petition  are  true  as  he  verily 
believes. 


Sworn  and  subscribed  Janu- 
ary 1,  A.  D.  1855,  before 
the  undersigned,  a  Justice 
of  the  Peace. 

H.  Fleming. 


Robert  Jones. 


44  APPRENTICES. 

2.   Order  to  Bind. 

p.  47,  pi.  2.     27  March  1713,  1  Sm.  L.  83. 

And  now,  January  2,  1855,  upon  the  petition  of  Robert 
Jones,  guardian,  &c.,  of  Richard  Jones,  minor  child  of  Jacob 
Jones,  late  of  the  township  of  Penn,  deceased,  it  appearing  to  the 
court  that  Andrew  Reed  is  a  person  of  good  repute  and  of  the 
same  religious  pursuasion  professed  by  the  said  Jacob  Jones  at 
the  time  of  his  decease,  and  the  said  minor  appearing  in  open 
court  and  expressing  and  signifying  his  mind  and  inclination  to 
be  bound  apprentice  to  the  said  Andrew  Reed,  the  court  order 
and  direct  the  binding  and  putting  out  of  said  Richard  Jones 
as  apprentice  to  the  said  Andrew  Reed,  to  learn  the  art,  trade 
and  mystery  of  a  carpenter. 


3.  Petition  to  Assign  Apprentice. 

p.  49,  pi.  10.     11  April  1799,  3  Sm.  L.  386. 

To  the  Honorable  the  Judges  of  the  Court  of  General  Quarter 
Sessions  of  the  peace  of  and  for  the  county  of  Chester. 

The  petition  of  Job  Reed,  executor  of  the  last  will  and  testa- 
ment of  Andrew  Reed,  late  of  the  township  of  Penn  in  said 
county,  deceased,  and  George  Martin,  father  of  the  hereafter 
named  Philip  Martin. 

Respectfully  represents  :  That  said  Philip  Martin  was  in  the 
lifetime  of  the  said  decedent,  bound  by  indenture,  dated  the  sixth 
day  of  May,  A.  D.  one  thousand  eight  hundred  and  fifty,  to 
serve  as  an  apprentice  to  the  said  decedent,  his  executors  and 
administrators,  in  the  art  and  mystery  of  a  carpenter,  for  the 
term  of  seven  years  from  the  date  of  said  indenture  and  that 
two  years  of  the  term  of  said  apprenticeship  are  yet  unexpired. 

That  the  said  executor,  with  the  consent  of  the  said  George 
Martin,  is  desirous  to  assign  over  the  remainder  of  said  term  of 
apprenticeship  to  Anthony  Burns  of  said  township  of  Penn,  a 
suitable  person  of  the  same  trade  with  that  mentioned  in  said 


ARBITRATION.  45 

indenture.     They  therefore  pray  the  court  to  approve  of  such 

assignment. 

And  they  -will,  &c. 

Job  Reed, 
George  Martin. 

Chester  county,  ss. 

Job  Reed  and  George  Martin,  being  duly  sworn,  say  that  the 
statements  in  the  foregoing  petition  are  true,  as  they  verily 
believe ;  and  the  said  George  Martin  further  says  that  he  con- 
sents to  the  assignment  in  said  petition  mentioned. 


Sworn  and  subscribed,  May  1, 
1855,  before  the  undersigned, 
a  Justice  of  the  Peace  of 
said  county. 

John  Graves. 


Job  Reed, 
George  Martin. 


4.  Assignment  of  Apprentice. 

p.  49,  pi.  10.     11  April  1799,  3  Sm.  L.  380. 

Know  all  men  by  these  presents,  that  I,  Andrew  Reed,  the 
master  of  Philip  Martin,  the  apprentice  named  in  the  within  In- 
denture,— by  and  with  the  consent  of  the  said  Philip  Martin  and 
George  Martin,  father  of  said  Philip,  evidenced  by  their  sever- 
ally executing  these  presents, — do  hereby  assign  over  the  said 
Philip  Martin  to  Anthony  Burns  of  the  township  of  Penn,  being 
a  carpenter  (or  as  the  trade  or  calling  in  the  Indenture  may 
be).  Witness  our  hands  and  seals  the  first  day  of  March,  A.  D. 
one  thousand  eight  hundred  and  fifty-five. 


Sealed  and  delivered  in  the 
presence  of 

Henry  Fleming, 
George  Boyd. 


Andrew  Reed,  [l.  s.] 
Philip  Martin,  [l.  s.] 
George  Martin,  [l.  s.] 


Chester  county,  ss. 

Before  the  subscriber,  a  Justice  of  the  Peace  of  said  county  of 
Chester, — in  which  county  the  above-named  Andrew  Reed  lives, 


46  ARBITRATION. 

— came  the  above-named  Philip  Martin  and  George  Martin  and, 
before  me,  gave  their  consent  to  the  foregoing  assignment  of  the 
within  Indenture.  Witness  my  hand  and  seal  the  first  day  of 
March,  a.  d.  one  thousand  eight  hundred  and  fifty-five. 

Henry  Fleming,  [l.  s.] 


ARBITRATION. 


1.  Submission. 

p.  50.  pi.  1.      16  June  1836,  P.  L.  717. 

r  W  T  T  <5  ^  "^^  ^^^  Court  of  Common  Pleas  of  Chester 

f       county. 

John  Gregg.     1  Of  January  Term,  1855.     No.  9. 
-'  Debt  on  Bond,  ^500. 

February  6,  1855.  The  parties  to  the  above  suit,  desirous  to 
end  the  same  by  arbitration,  agree  and  oblige  themselves  to  submit 
the  same  and  all  matters  in  controversy  therein,  to  the  award  of 
Andrew  Reed,  Job  Jackson,  and  Philip  Martin  (or  adding — or 
any  two  of  them  agreeing) ;  and  also  agree  that  this  submission 
shall  be  made  a  rule  of  said  court  agreeably  to  the  provisions  of 
the  first  section  of  the  Act  of  Assembly  of  the  sixteenth  day  of 
June,  A.  D.  1836,  relating  to  reference  and  arbitrators ;  so  that 
the  said  award  be  made  and  set  down  in  writing  under  their 
hands  and  seals  (or  adding — or  the  hands  and  seals  of  any  two 
of  them),  ready  to  be  delivered  to  the  parties  in  said  suit,  on  or 
before  the  first  day  of  February  next.(a) 

Executed  in  the  presence  of  "j  George  Wills, 

William  Marshall,       >  John  Gregg. 

Samuel  Lewis.  J 

(a)  The  parties  should  stipulate  in  the  agreement  for  a  time  and  place  of  meet- 
ing, or  for  a  mode  of  fixing  them. 


ARBITRATION.  47 

2.  Affidavit  endorsed  on  Submission. 

p.  51,  pi.  2.     16  June  1836,  P.  L.  717. 

Chester  countj,  ss. 

William  Marshall  being  sworn  in  due  form  of  law  says,  that 
he  saw  George  Wills  and  John  Gregg  sign  the  within  agreement 
of  submission  on  the  daj  the  same  bears  date. 

William  Marshall. 
Sworn  and  subscribed,  March  10,  ^ 
A.  D.  1855.  I 

James  Davis,  Prothonotary.  J 


3.  Arbitration  Bond. 

p.  50,  pi.  1.     16  June  1836,  P.  L.  717. 

^  In  the  Court  of  Common  Pleas  of  Chester 

f       county. 

T        "^  1  Of  January  Term,  1855.     No.  7. 

John  Gregg.    )  ^       .     .  "^         . 
Case  m  Assumpsit. 


George  Wills 

V 


Know  all  men  by  these  presents,  that  I,  George  Wills,  plain- 
tiff in  the  above-stated  suit,  am  held  and  firmly  bound  to  John 
Gregg,  defendant  in  the  same  suit,  in  the  sum  of  one  thousand 
dollars,  to  be  paid  to  the  said  John  Gregg,  his  executors,  admin- 
istrators and  assigns,  to  which  payment  well  and  truly  to  be 
made,  I  bind  myself,  my  heirs,  executors  and  administrators 
firmly  by  these  presents.  Sealed  with  my  seal,  dated  the  first 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-five. 

Whereas,  the  said  George  Wills  and  John  Gregg,  desirous  to 
end  by  arbitration  the  above  suit,  have  submitted  the  same  to 
the  award  of  Andrew  Reed,  Job  Jackson  and  Philip  Martin  (or 
adding — or  any  two  of  them  agreeing),  and  have  obligated  them- 
selves to  submit  to  the  award  of  the  said  persons  (or  adding — 
or  any  two  of  them  agreeing),  as  aforesaid,  and  have  agreed  that 
said  submission  shall  be  made  a  rule  of  the  said  court,  agreeably 
to  the  provisions  of  the  first  section  of  the  Act  of  Assembly  of 


48  ARBITRATION. 

the  sixteentli  day  of  June,  A.  D.  1836,  relating  to  reference 
and  arbitration : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  George  Wills  shall  in  all  things  submit  to  stand  by  and 
perform  the  award  of  the  said  Andrew  Reed,  Job  Jackson  and 
Philip  Martin  (or  adding — or  any  two  of  them  agreeing),  of  all 
matters  in  controversy  in  said  suit,  so  that  the  said  award  be  made 
and  set  down  in  writing  under  their  hands  and  seals  (or  adding — 
or  under  the  hands  and  seals  of  any  two  of  them),  ready  to  be 
delivered  to  the  parties  to  said  suit  on  or  before  the  first  day  of 
February  next,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the   "]        George  Wills,  [l.  s.] 
presence  of 

William  Marshall, 
Samuel  Lewis. 

A  similar  bond  in  which  defendant  shall  be  obligor  will  be 
necessary. 


4.  Affidavit  of  Execution  of  Bond. 

p.  51,  pi.  2.     16  June  1836,  P.  L.  717. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

Chester  county,  ss. 

William  Marshall  being  duly  sworn  says,  that  he  saw  John 
Gregg,  whose  name  is  signed  to  the  within  bond,  sign,  seal  and 
deliver  the  same  as  his  act  and  deed  on  the  day  that  the  said 
bond  bears  date. 

Sworn  and  subscribed,  Janu-  "j  William  Marshall. 

ary  24,  A.  D.  1855,  before  > 
John  Graves,  J.  P.         J 


ARBITRATION.  49 

5.     Rule. 

p.  51,  pi.  2.     16  June  1836,  P.  L.  717. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.   J  Of  January  Term,  1855.     No.  1. 

And  now,  January  24, 1855,  upon  producing  the  afiSdavit  of 
William  Marshall  of  the  due  execution  and  delivery  of  the  bond 
(or  agreement,  as  the  case  may  be),  in  which  is  inserted  the  sub- 
mission of  the  above-stated  suit  to  the  award  of  Andrew  Reed, 
Job  Jackson  and  Philip  Martin  (or  any  two  of  them  agreeing, 
as  it  may  be),  and  filing  the  said  affidavit  in  court,  on  motion  of 
William  Marshall,  Esq.,  of  counsel  with  the  plaintiff,  it  is  ordered 
that  the  said  bond  (or  agreement)  and  submission  be  entered 
of  record,  and  a  rule  is  hereby  made  by  said  court  that  the  par- 
ties to  the  said  suit  shall  submit  to  and  finally  be  concluded  by 
the  arbitration  which  shall  be  made  pursuant  to  said  submission. 

By  the  Court, 

James  Davis, 

Prothonotary. 

6.  Award. 

P.  51,  pi.  2.     16  June  1836,  P.  L.  717. 

In  pursuance  of  the  submission  within  mentioned,  we,  the 
arbitrators,  having  taken  upon  ourselves  the  burthen  of  said 
arbitration  and,  after  due  notice  to  the  parties,  having  met  on  the 
thirtieth  day  of  January  last,  and  heard  and  duly  considered  the 
allegations  and  proofs  of  the  parties  submitted  to  us  by  them 
respectively,  do  (a)  award  that  there  is  due  from  the  defend- 
ant to  the  plaintiff  (or  as  the  case  may  be),  the  sum  of  five  hun- 
dred dollars. 

Witness  our  hands  and  seals  the  first  day  of  February,  Anno 
Domini  one  thousand  eight  hundred  and  fifty-five. 

Andrew  Reed,  [l.  s.] 
Job  Jackson,  [l.  s.] 
Philip  Martin,  [l.  s.] 

(a)  If  the  arbitrators  should  find  generally  for  the  defendant,  they  should 
award  "/Aa<  the  plaintiff  has  no  cause  of  action." 

4 


50  ARBITRATION. 

7.  Submission  Reserving  Law. 

p.  51,  pi.  3.     16  June  1836,  P.  L.  717. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

February  6,  1855.  It  is  hereby  agreed  by  the  above-named 
parties,  to  submit  all  matters  of  fact  in  controversy  in  said  suit, 
to  Andrew  Reed,  Job  Jackson  and  Philip  Martin  (or  any  two  of 
them  agreeing,  as  it  may  be),  reserving  all  matters  of  law  arising 
thereupon  for  the  decison  of  said  court,  the  report  of  such  referees 
setting  forth  the  facts  found  by  them  to  have  the  same  effect  as  a 
special  verdict ;  and  it  is  further  agreed  that  this  submission  shall 
be  made  a  rule  of  said  court  agreeably  to  the  provisions  of  the 
third  section  of  the  Act  of  June  16, 1836,  relating  to  reference 
and  arbitration. 

Executed  in  the  pre-     ^  George  Wills, 

senee  of  John  Gregg. 

William  Marshall, 
Samuel  Lewis.  . 


8,  Bond  in  Case  Reserving  Law. 

p.  51,  pi.  3.     16  June  1836,  P.  L.  717. 

In  the  Court  of  Common  Pleas  of  Chester 


George  Wills 

\       county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7.     Casein 
Assumpsit. 

Know  all  men  by  these  presents,  that  I,  George  Wills,  plain- 
tiff in  the  above-stated  suit,  am  held  and  firmly  bound  to  John 
Gregg,  defendant  in  the  same  suit,  in  the  sum  of  one  thousand 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  John  Gregg,  his  executors,  administrators  and  assigns,  to 
which  payment  well  and  truly  to  be  made,  I  bind  myself,  my 
heirs,  executors  and  administrators  firmly  by  these  presents. 
Sealed  with  my  seal,  dated  the  first  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-five. 


ARBITRATION.  51 

Whereas,  the  said  George  Wills  and  John  Gregg,  desirous  to 
end  bj  arbitration  the  above  suit,  have  submitted  all  matters  of 
fact  in  controversy  in  the  same,  to  Andrew  Reed,  Job  Jackson 
and  Philip  Martin  (or  any  two  of  them  agreeing,  as  it  may  be), 
reserving  all  matters  of  law  arising  thereupon  for  the  decision  of 
said  court,  the  report  of  said  referees,  setting  forth  the  facts,  found 
by  them  to  have  the  same  effects  as  a  special  verdict ;  and  also  that 
said  submission  shall  be  made  a  rule  of  said  court,  agreeably  to 
the  provisions  of  the  third  section  of  the  Act  of  June  16,  1836, 
relating  to  reference  and  arbitration  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  George  Wills,  shall  in  all  things  submit  to,  stand  by  and 
perform  the  award  of  the  said  Andrew  Reed,  Job  Jackson  and 
Philip  Martin  (or  any  two  of  them  agreeing,  as  it  may  be),  of  all 
matters  submitted  to  them,  as  aforesaid,  so  that  said  award  be 
made  and  set  down  in  writing  under  their  hands  and  seals  (or 
under  the  hands  and  seals  of  any  two  of  them,  as  it  may  be), 
ready  to  be  delivered  to  the  parties  to  said  suit  on  or  before  the 
first  day  of  February  next,  then  this  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the^  George  Wills,  [l.  s.] 

presence  of  | 

William  Marshall, 
David  Brown 

(Similar  bond  from  Defendants  to  Plaintiff.) 


9.  Award  of  Facts. 

P.  51,  pL  3.      16  June  1836,  P.  L.  717. 

Pursuant  to  the  within  stated  submission,  we,  the  undersigned 
referees  named  therein,  after  due  notice  to  the  parties,  met  at 
the  house  of  John  Smith  in  the  borough  of  West  Chester,  on 
the  twenty-sixth  day  of  February,  A.  d.  1855,  and  having  heard 
the  parties,  their  proofs  and  allegations,  do  report  and  find  the 
following  facts,  viz. :  (set  out  the  facts).     If  upon  these  facts 


52  ARBITRATION. 

the  court  shall  decide  that  the  plaintiff  is  entitled  to  recover, 
then  we  do  award  that  there  is  due  from  the  defendant  to  the 
plaintiff,  the  sum  of  five  hundred  dollars ;  but  if  the  court  shall 
decide  that  the  plaintiff  is  not  entitled  to  recover,  then  we  do 
award  that  the  plaintiff  has  no  cause  of  action. 

Witness  our  hands  the  twentieth  day  of  January,  A.  D.  1855. 

Andrew  Reed,  [l.  s.] 
Job  Jackson,  [l.  s.] 
Philip  Martin,  [l.  s.] 


10.  Exceptions  to  Award. 

p.  51,  pi.  4.     16  June  1836,  P.  L.  717. 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

Exceptions,  in  the  above  case,  to  the  award  of  Andrew  Reed, 
Job  Jackson  and  Philip  Martin,  arbitrators,  by  John  Gregg  the 
defendant. 

1.  The  arbitrators  misbehaved  themselves  in  this,  that  they 
heard  Mark  Wallace,  a  witness  on  the  part  of  the  plaintiff,  out 
of  the  presence  of  the  defendant  (or  as  the  case  may  be). 

2.  The  arbitrators  committed  a  plain  mistake  in  matter  of 
fact  in  this,  that  the  bond  upon  which  suit  was  brought  was 
conditioned  for  the  payment  of  five  hundred  dollars,  and  that  a 
receipt  was  endorsed  on  the  same  for  two  hundred  dollars,  and 
there  was  no  proof  or  allegation  that  the  said  receipt  was  not 
genuine,  or  that  said  sum  of  two  hundred  dollars  had  not  been 
paid  and  no  credit  was  given  for  said  sum  (or  as  the  case  may  be). 

3.  The  arbitrators  committed  a  plain  mistake  in  matter  of 
law  in  this,  that  the  said  bond  on  which  said  suit  is  brought, 
showed  on  its  face  to  have  been  given  for  a  bet  on  a  horse-race 
(or  as  the  case  may  be).  (Such  an  exception  is  not  applicable 
to  an  award  under  No.  8.) 

4.  Said  award  was  procured  by  corruption,  in  this  :  that  after 
the  appointment  of  the  arbitrators  in  this  case,  the  plaintiff  dis- 


ARBITRATION.  53 

charged  the  said  Andrew  Reed  from  the  payment  of  the  interest 
on  a  bond,  due  from  the  said  Andrew  Reed  to  the  plaintiff,  with- 
out payment  or  other  lawful  consideration  (or  as  the  case  may 
be). 

5.  Said  award  was  procured  by  undue  means  in  this,  that 
during  the  time  the  suit  was  pending  before  arbitrators,  the 
said  Andrew  Reed  and  Job  Jackson  were  entertained  and 
lodged  at  the  house  of  the  plaintiff,  and  statements  were  made 
by  the  plaintiff  on  the  merits  of  the  suit,  out  of  the  presence  of 
the  defendant  (or  as  the  case  may  be). 

John  Gregg. 
Chester  county,  ss. 

John  Gregg  being  duly  sworn  says,  that  the  statements  in 
the  foregoing  exceptions  are  true  as  he  verily  believes. 

John  Gregg. 
Sworn  and  subscribed,  Febru- 
ary 10,  A.  D.  1855,  before 
James  Davis,  ' 

Prothonotary. 


11.  Agreement  under  6th  Section  of  Act  of  1836. 

P.  51,  pi.  6.     16  June  1836,  P.  L.  717. 

George  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg.  J  Of  January  Term,  1855.  No.  7. 
February  6,  1855.  It  is  agreed  that  a  rule  be  entered  in 
said  court  for  referring  the  matters  in  controversy  in  said  suit 
to  Andrew  Reed,  Job  Jackson  and  Philip  Martin,  mutually 
chosen  by  the  parties  (or  any  two  of  them  agreeing,  as  it  may 
be),  agreeably  to  the  provisions  of  the  sixth  section  of  the  Act 
of  June  16,  a.  d.  1836,  relating  to  reference  and  arbitration. 
Referees  to  meet  on  ten  days'  notice,  ex  parte  (or  as  may  be). 

William  Marshall, 

Attorney  for  plaintiff. 
Samuel  Lewis, 

Attorney  for  defendant. 


54  ARBITKATION. 

12.  Reference  under  Act  of  1806. 

p.  52,  pi.  9.     21  March  1806,  4  Sm.  L.  326. 

George  Wills  | 

{ 
John  Gregg.    J 

It  is  agreed  between  George  Wills  and  John  Gregg,  desirous 
of  settling  a  dispute  arising  (set  out  the  dispute),  that  such 
dispute  be  referred  to  Andrew  Reed,  Job  Jackson  and  Philip 
Martin  (or  as  it  may  be),  agreeably  to  the  provisions  of  the 
Act  of  March  21,  1806,  to  regulate  arbitrations,  &c.  Referees 
to  meet  on  ten  days'  notice,  ex  farte.  Witness  our  hands  the 
sixth  day  of  February,  A.  D.  1855. 

Executed    in  the  pre- 


sence of 

William  Marshall, 
Samuel  Lewis. 


George  Wills, 
John  Gregg. 


Chester  county,  »s. 

William  Marshall  being  duly  sworn  says,  that  he  is  one  of 
the  subscribing  witnesses  to  the  foregoing  agreement,  and  that 
said  agreement  was  duly  executed  by  the  parties  in  his  presence. 

William  Marshall. 
Sworn  and  subscribed.  May  1,      ^ 
1855,  before  V 

James  Davis,  Prothonotary.  J 


13.  Agreement  for  Rule  under  Act  of  1806. 

p.  52,  pi.  10.     21  March  1806,  4  Sm.  L.  .326. 

George  Wills  \  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

February  5,  1855.     The  above-named  parties,  by  their  re- 
Bpective  attorneys,  William  Marshall  and  Samuel  Lewis,  hereby 


ARBITRATION.  55 

consent  to  a  rule  of  court  for  referring  the  above-stated  cause 
to  Andrew  Reed,  Job  Jackson  and  Philip  Martin  (or  as  it  may  be), 
undertheprovisionsof  theActof  March21,  A.  D.1806,  to  regulate 
arbitrations,  &c.     Referees  to  meet  on  ten  days'  notice,  ex  parte. 

William  Marshall, 

PlaintiflF's  Attorney. 
Samuel  Lewis, 

Defendant's  Attorney. 


14.  Award  under  Act  of  1806. 

p.  52,  pi.  11.     21  March  1806,  4  Sm.  L.  326. 

We,  undersigned  referees  mutually  chosen  by  the  parties 
named  in  the  foregoing  agreement,  met  in  accordance  with  notice 
to  the  parties,  at  the  house  of  John  Smith,  in  the  borough  of 
West  Chester,  on  the  seventeenth  day  of  February,  a.  d.  1855, 
and  being  duly  sworn  (or,  the  oaths  of  referees  being  dispensed 
with  by  consent  of  the  parties),  and  having  heard  the  parties, 
their  proofs  and  allegations,  do  award  that  there  is  due  from 
the  defendant  (or  plaintiff,  as  the  case  may  be),  to  the  plaintiff 
(or  the  defendant,  as  the  case  may  be),  the  sum  of  five  hundred 
and  twenty  dollars  (or  that  the  plaintiff  has  no  cause  of  action, 
as  the  case  may  be).  Witness  our  hands  and  seals  the  first  day 
of  March,  a.  d.  1855. 

Andrew  Reed,  [l.  s.] 
Job  Jackson,  [l.  s.] 
Philip  Martin,  [l.  s.] 

(Award  to  be  sealed  up  by  referees,  and  delivered  to  the  party 
in  whose  favor  it  is.) 


15.  Notice  of  Award. 

p.  52,  pi.  11.     21  March  1806,  4  Sm.  L.  326. 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 


56  ARBITRATION. 

To  Samuel  Lewis,  Esq., 

Defendant's  Attorney, 
Sir, — Please  to  take  notice  that  an  award,  of  which  the  an- 
nexed is  a  copy,  has  been  made  by  the  referees  chosen  in  said 
case,  and  entered  of  record  in  the  office  of  the  prothonotary  of 
said  court,  on  the  twenty-second  day  of  February  instant. 

William  Marshall, 

Plaintiff's  Attorney. 
March  2,  1855. 


16.  Agreement  in  open  Court. 

p.  53,  pi.  14.     1705, 1  Sm.  L.  50. 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      County. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

February  6, 1855.  And  now  to  wit,  by  the  parties  to  this 
case  consent  (or  "  by  their  attorneys,  William  Marshall  and 
Samuel  Lewis,  consent"),  to  a  rule  of  court  for  referring  the 
adjustment  of  all  matters  in  dispute  between  them  to  Andrew 
Reed,  Job  Jackson  and  Philip  Martin  (or  any  two  of  them 
agreeing,  as  it  may  be),  referees  mutually  chosen  by  them  in 
open  court,  under  the  third  section  of  an  Act  passed  in  1705, 
entitled  "An  Act  for  Defalcation." 

Referees  to  meet  on  ten  days'  notice,  ex  parte. 


17.   Compulsory  Rule. 

p.  53,  pi.  15.     16  June  1836,  P.  L.  719. 

George  Wills  "]  In  the  Court  of  Common  Pleas  of  Chester 
V.  V      county. 

John  Gregg.    J  Of  January  Term,  1855.     No.  7. 

And  now,  February  6,  1855,  the  plaintiff  in  this  case  by 
William  Marshall,  Esq.,  his  attorney  (or,  in  his  proper  person, 
as  the  case  may  be),  enters  in  the  prothonotary's  office  a  rule 
of  reference,  and  therein   declares  his  determination  to  have 


ARBITEATION.  57 

arbitrators  chosen  on  the  twenty-sixth  day  of  February  instant, 
for  the  trial  of  all  matters  in  variance  in  the  suit  between  the 
parties,  agreeably  to  the  provisions  of  Act  of  June  16,  1836, 
relating  to  compulsory  arbitrations. 

George  Wills, 

(or  William  Marshall, 

Attorney  for  plaintiff.) 


18.  Affidavit  of  Service  of  Rule. 

p.  53,  pi.  19.     16  June  1836,  P.  L.  719. 

Chester  county,  ss. 

Henry  Wallings,  being  duly  sworn  says,  that  he  served  a  copy 
of  the  annexed  rule  on  the  defendant  therein  named  on  the 
eighth  day  of  February,  A.  D.  1855,  by  delivering  said  copy  to 
him  the  defendant,  personally  (or  to  William  Marshall,  Esq., 
the  attorney  of  the  defendant  personally). 


Sworn  and  subscribed,  Febru- 
ary 8,  A.  D.  1855,  before 
James  Davis, 

Prothonotary. 


Henry  Wallings. 


19.  Affidavit  of  Service  where  the  Party  cannot  he  found  and 
has  no  Attorney. 

p.  53,  pi.  19.     16  June  1836,  P.  L.  719. 

Chester  county,  ss. 

Henry  Wallings,  being  duly  sworn  says,  that  he  served  a  copy 
of  the  annexed  rule  on  the  eighth  day  of  February,  A.  D.  1855, 
by  leaving  the  same  at  the  house  of  John  Smith,  in  the  borough 
of  West  Chester,  that  being  the  last  place  of  abode  of  the  de- 
fendant, who  could  not  be  found  and  has  no  agent  or  attorney. 
Sworn  and  subscribed,  Febru-"i  Henry  Wallings. 

ary  8,  1855,  before 
James  Davis, 

Prothonotary. 


58  ARBITKATION. 

20.   CJioosing  Arbitrators  where  Parties  agree. 

p.  64,  pi.  20.     16  June  1836,  P.  L.  719. 

And  now,  February  26,  A.  d.  1855,  in  pursuance  of  the  rule 
of  reference  in  this  case,  the  parties  attended  at  the  prothono- 
tary's  office,  and  agreed  that  the  number  of  arbitrators  should 
be  three,  and  also  agreed  in  the  choice  of  Andrew  Reed,  Job 
Jackson  and  Philip  Martin,  to  be  said  arbitrators,  and  that  they 
should  meet  at  the  house  of  John  Smith  in  the  borough  of  West 
Chester,  on  the  twelfth  day  of  March  next  at  10  o'clock,  A.  M. 


21.  Fixing  Arbitrators,  ^c,  zvhere  Parties  do  not  agree. 

p.  54,  pi.  20.     16  June  1836,  P.  L.  719. 

And  now,  February  26,*  a.  d.  1855,  in  pursuance  of  the  rule 
of  reference  in  this  case,  the  parties  met  at  the  prothonotary's 
office  and  agreed  that  the  number  of  arbitrators  should  be  three, 
but  being  unable  to  agree  in  the  choice,  Andrew  Reed,  Job 
Jackson  and  George  Boyd  were  selected  as  arbitrators,  in  pursu- 
ance of  the  provisions  of  the  thirteenth  section  of  the  Act  of 
June  16,  1836,  relating  to  reference  and  arbitration.  And  the 
parties  not  being  able  to  agree  upon  the  time  and  place  of  the 
meeting  of  said  arbitrators,  the  prothonotary  determined  that 
the  same  should  be  at  the  house  of  John  Smith  in  the  borough 
of  West  Chester,  on  the  twelfth  day  of  March,  A.  D.  1855,  at 
10  o'clock,  A.  M. 

22.  Fixing  Arbitrators  where  but  one  Party  attends. 

p.  51,  pi.  21.     16  June  1836,  P.  L.  719. 

And  now,  February  26,  1855,  in  pursuance  of  the  rule  of 
reference  in  this  case,  the  plaintiff  only  attended  at  the  pro- ' 
thonotary's  office,  and  proof  being  made  that  the  notice  of  the 
meeting  to  choose  arbitrators  was  duly  served  on  the  defendant, 
the  prothonotary  fixed  three  as  the  number  of  arbitrators,  and 
nominated  for  the  defendant.  Whereupon  Andrew  Reed,  Job 
Jackson  and  Philip  Martin  were  selected  as  arbitrators,  and  the 
prothonotary  fixed  the  time  and  place  of  meeting  at  the  house 
of  John  Smith  in  the  borough  of  West  Chester,  on  the  twelfth 
day  of  March  next,  at  10  o'clock,  A.  M. 


ARBITRATION.  59 

23.  Proof  of  Service  to  he  Endorsed  on  Copy  of  Record. 

p.  54,  pi.  23.     16  June  1836,  P.  L.  719. 

Chester  county,  ss. 

Henry  Wallings  being  duly  sworn  says,  that  he  served  a  copy 
of  the  within  record  on  the  twenty-seventh  day  of  February, 
A.  D.  1855,  on  Andrew  Reed,  Job  Jackson  and  Philip  Martin, 
said  arbitrators,  by  giving  to  each  of  them  a  copy  thereof, 
and  on  the  same  day  on  the  defendant  by  giving  him  a  copy 
thereof  (or,  on  William  Marshall,  Esq.,  attorney  for  defendant, 
the  defendant  not  residing  in  said  county). 

Sworn  and  subscribed,  Febru-  ^  Henry  Wallings. 

ary  12,  a.  d.  1855,  before     > 
James  Davis,  Prothonotary.  J 


24.  Adjournment  where  One  Party  attends. 

p.  54,  pi.  24.     16  June  1836,  P.  L.  719. 

The  undersigned  arbitrators  named  in  the  annexed  order,  met 
at  the  time  and  place  therein  named,  and  the  plaintiif  only  at- 
tending, proof  was  made  that  due  notice  of  the  time  and  place 
of  meeting  had  been  given  to  the  defendant,  and  notice  being 
given  to  the  arbitrators  that  the  defendant  was  prevented  from 
attending  by  sickness  (or, — by  unavoidable  cause),  which  the 
arbitrators  judge  sufficient,  the  hearing  was  adjourned  to  meet 
at  the  same  place  on  the  twentieth  day  of  March  instant,  at 
10  o'clock,  A.  M. 

Andrew  Reed, 
Job  Jackson, 
Philip  Martin. 


25.  Entry  of  Adjournment. 

The  arbitrators  named  in  the  annexed  order,  met  at  the  time 
and  place  therein  appointed,  and  being  duly  sworn,  both  par- 
ties being  present,  and  having  proceeded  in  the  case,  adjourned 
to  meet  at  the  same  place  on  the  twentieth  day  of  March,  at 
10  o'clock,  A.  M. 

Andrew  Reed, 
Job  Jackson, 
Philip  Martin. 


60  ARBITRATION. 

26.  Award. 

p.  55,  pi.  27.     16  June  1836,  P.  L.  721. 

We,  the  undersigned,  arbitrators  named  in  the  annexed  order, 
met  at  the  time  and  place  therein  designated,  the  parties  being 
present.  Being  duly  sworn,  we  heard  the  evidence  and  al- 
legations of  the  parties,  and  having  determined  the  matters  in 
controversy  submitted  to  us,  we  award  that  there  is  due  from 
the  defendant  (or  plaintiff,  as  the  case  may  be)  to  the  plaintiff 
(or  defendant,  as  the  case  may  be),  four  hundred  dollars  (or 
that  the  plaintiff  has  no  cause  of  action.) 

Witness  our  hands  the  twelfth  day  of  March,  a.  d.  1855. 

Andrew  Reed, 
Job  Jackson, 
Philip  Martin. 


27.  Award  ivhere  Substituted  Arbitrator. 

p.  55,  pi.  25.     16  June  1836,  P.  L.  721. 

Andrew  Reed  and  Job  Jackson,  two  of  the  arbitrators  named 
in  the  annexed  order,  met  at  the  time  and  place  therein  ap- 
pointed, Philip  Martin  the  other  arbitrator  not  attending,  and 
proof  having  been  made  that  due  notice  of  the  time  and  place 
of  meeting  was  given  to  said  Philip  Martin,  the  absent  arbitra- 
tor, the  parties  who  were  present  agreed  upon  (or,  not  being 
able  to  agree  upon  a  suitable  person  to  supply  the  place  of  said 
Philip  Martin,  the  arbitrators  appointed)  Edwin  Brown  to 
fill  the  vacancy.  The  arbitrators  now  selected,  having  been 
duly  sworn,  heard  the  evidence  and  allegations  of  the  parties, 
and  proceeded  to  determine  the  matters  in  controversy,  and  the 
undersigned,  a  majority  of  said  arbitrators,  do  award  that  there 
is  due  from  the  defendant  to  the  plaintiff  the  sum  of  four  hun- 
dred dollars  (or  as  the  case  may  be). 

Witness  the  hands  of  said  arbitrators,  March  12,  A.  D.  1855. 

Andrew  Reed, 
Job  Jackson. 


ARBITRATION.  61 

28.  Awardwhere  Arbitrator  is  substituted,  one  Party  being  absent. 

pp.  54,  55,  pi.  24,  25.     16  June  1836,  P.  L.  721. 

Andrew  Reed  and  Job  Jackson,  two  of  the  arbitrators  named 
in  the  annexed  order,  met  at  the  time  and  place  therein  appointed, 
Philip  Martin  the  other  arbitrator  not  attending  and  proof  having 
been  made  that  due  notice  of  the  time  and  place  of  meeting 
was  given  to  the  said  Philip  Martin  the  absent  arbitrator  ;  the 
defendant  not  being  present  and  no  suflScient  cause  being  assigned 
for  his  absence,  proof  having  been  made  that  due  notice  of  the 
time  and  place  of  meeting  was  given  to  said  defendant,  the 
arbitrators  appointed  Edwin  Brown  to  fill  the  vacancy. 

The  arbitrators  now  selected  having  been  duly  sworn,  heard 
the  evidence  and  allegations  of  the  plaintiff  and  proceeded  to 
determine  the  matters  in  controversy,  do  award  that  there  is 
due  from  the  defendant  to  the  plaintiff  the  sum  of  four  hundred 
dollars  (or  as  the  case  may  be). 

Andrew  Reed, 
Job  Jackson, 
Edwin  Brown. 


29.  Award  on  Death,  ^c,  of  Arbitrator,  after  having  been 

Sworn. 

p.  55,  pi.  29.     16  June  1836,  P.  L.  721. 

And  now,  March  20,  a.  d.  1855,  Andrew  Reed  and  Job 
Jackson,  two  of  the  arbitrators,  met  pursuant  to  adjournment  at 
the  place  above  named,  Philip  Martin  the  other  arbitrator, 
having  died  since  the  adjournment  (or  as  the  case  may  be), 
and  proceeded  with  the  cause ;  and  having  fully  heard  the  evi- 
dence and  allegations  of  the  parties,  but  being  unable  to  agree 
upon  an  award,  appointed  Edwin  Brown  an  umpire,  and  the  said 
arbitrators  with  said  umpire  proceeded  with  the  cause,  and  the 
said  Andrew  Reed  and  Edwin  Brown  do  determine  and  so 
award  that  there  is  due  to  the  plaintiff  from  the  defendant,  the 
sum  of  four  hundred  dollars  (or  as  the  case  may  be).  Witness 
the  hands  of  the  said  arbitrator  and  umpire,  the  twentieth  day 
of  March,  a.  d.  1855. 

Andrew  Reed, 
Edwin  Brown. 


62  ARBITRATION. 


30.  Appeal  and  Affidavit. 

p.  56,  pi.  36.     16  June  1836,  P.  L.  723. 

^  „^         -s   In  the  Court  of  Common  Pleas  of  Chester 

George  Wills  ) 

f       county. 

^  (Of  January  Term,  1855.     No.  9. 

John  Gregg.  J  j.  ,  ^      ^j*^   ,  ^.-^^ 
■^  Debt  on  Bond,  §oOO. 

And  now,  March  25,  A.  D.  1855,  John  Gregg  the  defendant 
appeals  from  the  award  of  the  arbitrators  in  this  case. 

John  Gregg. 

Chester  county,  ss. 

John  Gregg,  the  above-named  defendant,  being  duly  sworn 
says,  that  it  is  not  for  the  purpose  of  delay  the  above  appeal  is 
entered,  but  because  he  firmly  believes  injustice  has  been  done. 


Sworn  and  subscribed, 
March  25,  1855,  before 
James  Davis, 

Prothonotary. 


John  Gregg. 


31.  Recognisance  on  Appeal. 

p.  56,  pi.  36.     IG  June  1836,  P.  L.  723.     P.  57,  pi.  41.     20  March  1845,  P.  L.  188. 

_  ._  ^  In  the  Court  of  Common  Pleas  of  Chester 

George  Wills   ) 

f       county. 

!!,'  (  Of  January  Term,  1855.     No.  9. 

John  Gregg.     I  -p.  ,  ^       ,  -^  ,  ctnnn 
^  Debt  on  bond,  §500. 

Chester  county,  ss. 

We  John  Gregg,  the  defendant  above-named,  and  Nathan 
Ralston,  acknowledge  that  we  are  indebted  to  George  Wills, 
the  plaintiff  above-named,  in  the  sum  of  two  hundred  dol- 
lars, with  the  condition  that  if  the  said  John  Gregg  shall  pay 
all  costs  which  have  accrued  or  that  may  be  legally  recovered 
in  this  case  against  him  the  said  John  Gregg,  then  this  recogni- 


ARBITRATION.  63 

Bance  to  be  void,  or  else  to  be  and  remain  in  full  force  and 
virtue. 

Taken  and  acknowledged,  "]  ^^^^  Gregg, 

March  25,  a.  d.  1855,  before  [  Nathan  Ralston. 

James  Davis, 
Prothonotary. 


32.  Petition  of  Poor  Party  to  Appeal  without  Paying   Costs. 

P.  56,  pi.  37.     16  June  1836,  P.  L.  723. 

^  ^7-         -V  In  the  Court  of  Common  Pleas  of  Chester 

George  Wills  ) 

f       county. 

-,        ^'  (Of  January  Term,  1855.     No.  9. 

^^^^  ^^^^^-   J  Debt  on  Bond,  $500. 

To  the  Honorable  Townsend  Haines,  President  Judge  of  said 
court. 

The  petition  of  John  Gregg,  the  above-named  defendant,  re- 
spectfully represents.  That  a  rule  of  reference  was  taken  out  in 
the  above  case  by  the  plaintiif  therein,  and  was  so  proceeded 
in,  that  on  the  twentieth  day  of  March,  A.  D.  1855,  the  arbitra- 
tors awarded  that  there  was  due  from  the  petitioner  to  the  plain- 
tiff, the  sum  of  four  hundred  dollars.  The  petitioner  further 
represents,  that  he  desh-es  to  appeal  from  said  award,  but  by 
reason  of  poverty  he  is  unable  to  pay  the  costs  of  this  suit ;  and 
that  it  is  not  for  the  purpose  of  delay  that  he  desires  to  enter 
such  appeal,  but  because  he  firmly  believes  injustice  has  been 
done.  The  petitioner  therefore  prays  your  Honor  to  make  an 
order  that  his  appeal  shall  be  good,  although  the  costs  of  said 
case  shall  not  be  paid  as  aforesaid  : 

And  he  will,  &c. 

John  Gregg. 
Chester  county,  ss. 

John  Gregg,  above  named,  being  duly  sworn  says,  that  the 
statements  in  the  foregoing  petition  are  true. 

Sworn  and  subscribed,       ^  John  Gregg. 

March  20,  1855,  before  V 
John  Graves,  J.  P.  J 


64  ARBITRATION. 

33.  Notice  of  Poor  Party,  ^e. 

P.  56,  pi.  37.     16  June  1836,  P.  L.  723, 

George  Wills  ^  ^^  *^^  ^°^^^  °^  Common  Pleas  of  Chester 
(       countj. 
John  Greoo.   J  ^  January  Term,  1855.    No.  9. 
-^  Debt  on  Bond,  |500. 
To  George  Wills, 

Plaintiff  above  named, 
Sir, — Take  notice  that  I,  the  above-named  defendant,  have 
applied  to  the  Hon.  Townsend  Haines,  President  Judge  of  said 
court,  to  make  an  order  that  an  appeal  by  me  in  the  above  case 
shall  be  good,  although  the  costs  of  the  same  shall  not  be  paid ; 
and  the  said  judge  has  appointed  the  twentj-fifth  day  of  March 
instant,  at  10  o'clock  a.  m.,  at  his  office  in  the  borough  of  West 
Chester,  for  a  hearing  of  said  petition. 
March  20,  1855.  John  Gregg. 

Chester  county,  ss. 

Henry  Wallings  being  sworn  says,  that  he  served  the  within 
notice  on  George  Wills  therein  named,  on  the  twentieth  day  of 
March,  A.  D.  1855,  by  reading  the  same  to  him,  and  giving  him 
a  true  copy  thereof. 
Sworn  and  subscribed,  March  25, 
1855,  before 

Henry  Fleming, 

Justice  of  the  Peace. 


Henry  Wallings. 


34.   Order  of  Judge  alloiving  Poor  Party  to  Appeal,  ^c. 

p.  56,  pL  37.     16  June  1S36,  P.  L.  723. 

March  25,  1855.  Proof  of  due  notice  to  George  Wills,  the 
within-named  plaintiff,  having  been  made,  and  I  being  satisfied 
of  the  truth  of  the  statements  therein,  do  order  that  the  appeal 
of  said  John  Gregg  shall  be  good  as  therein  prayed  for,  although 
the  costs  in  said  action  shall  not  be  paid. 

-    Townsend  Haines, 

President  Judge. 


ARBITRATION.  65 

hi).    Withdrawal  of  Appeal  by  Consent. 

p.  57,  pi,  46.     16  June  1836,  P.  L.  724. 

r^  Tjr  -v  In  the  Court  of  Common  Pleas  of  Chester 

I       county. 

T        ^A  (Of  January  Term,  1855.     No.  9. 

John  Gregg.    J  ^  ,         ^     ,   ^^^^ 
-^  Debt  on  Bond,  $500. 

I,  George  Wills,  plaintiff,  consent  that  the  appeal  in  the  above 
case  be  withdrawn.  Witness  my  hand  the  fourth  day  of  May, 
A.  D.  1855. 

George  Wills. 

And  now.  May  4,  1855,  I,  John  Gregg,  defendant  and  appel- 
lant, withdraw  the  appeal  in  this  case. 

John  Gregg. 


George  Wills 

V. 


36.  Allowance  of  Nonsuit. 

p.  55,  pL  32.     16  June  1836,  P.  L.  731. 

-.   In  the  Court  of  Common  Pleas  of  Chester 
(       county. 


(Of  January  Term,  1855.     No.  9. 
John  Gregg.    I  -^  ,         ^     ^  {^r\n 
■^  Debt  on  Bond,  $500. 

Chester  county,  ss. 

George  Wills,  the  plaintiff  above  named,  being  duly  sworn 
says,  that  the  bond  for  the  recovery  of  which  said  suit  has  been 
brought,  has  been  lost  or  mislaid  and  that  he  has  not  been  able 
to  find  it,  although  he  has  made  diligent  search  therefor,  that 
he  cannot  state  that  he  expects  to  find  said  bond  or  prove  its 
contents  within  a  reasonable  time,  but  hopes  that  he  may  be 
able  to  find  the  same  at  some  time,  and  that  the  whole  amount 
named  in  said  bond  is  still  due  to  him. 

Sworn  and  subscribed.  May  4,^  George  Wills. 

1855,  before 
James  Davis, 

Prothonotary. 

5 


66  ARBITRATION". 

And  now,  May  4,  1855,  the  affidavit  of  George  "Wills,  the 
plaintiff,  being  read  and  filed,  on  motion  of  "William  Marshall, 
Esq.,  of  counsel  with  said  George  "Wills,  the  court  allow  the 
plaintiff  to  suffer  a  nonsuit  in  this  case,  with  like  effect  as  if  the 
same  had  not  been  referred. 


37.  Notice  to  Railroad  Company  and  to  produce  Boohs. 

p.  59,  pi.  61.     24  February  1847,  P.  L.  153. 

In  the  Court  of  Common  Pleas  of  Ches- 
ter county. 


James  Maguire 


V. 

The  Central  Rail- 
road Company. 


^  Of  January  Term,  1855.     No.  10. 
Before  Andrew  Reed,  Job  Jackson  and 
Philip  Martin,  arbitrators. 


To  the  Central  Railroad  Company,  defendants  above  named. 

You  are  hereby  notified  to  produce  before  the  arbitrators  on 
the  hearing  of  the  above  cause,  a  book,  in  which  is  entered  the 
estimates  of  work  done  by  the  plaintiff  on  the  Central  Rail- 
road, since  the  first  day  of  March,  a.  d.  1850,  and  the  accounts 
of  payments  made  to  him. 

Yours,  &c., 

"William  Marshall, 
Plaintiff's  Attorney. 
April  4,  1855. 

Chester  county,  ss. 

Henry  Wallings  being  duly  sworn  says,  that  he  served  a  no- 
tice of  which  the  foregoing  is  a  true  copy,  on  the  said  The  Central 
Railroad  Company,  by  giving  said  notice  to  George  Neal,  the 
president  of  said  company,  personally,  on  the  fifth  day  of  April 
instant. 

Sworn  and  subscribed,  April  6,  ^  Henry  "Wallings. 

1855,  before  > 

Henrv  Fleming,  J.  P.         J 


ARBITRATION.  67 


38.  Affidavit  of  Possession  and  Pertinence/  of  Books  in  Pos- 
session of  Railroad  Company. 

p.  59,  pi.  61.     24  February  1847,  P.  L.  153. 

James  Maguire     1  I"  *^«  ^^urt  of  Common  Pleas  of  Ches- 


V. 


ter  county. 
The  Central  Rail-  \  ^^  January  Term,  1855.     No.  10. 
ROAD  Company  Before  Andrew  Reed,  Job  Jackson  and 

J       Philip  Martin,  arbitrators. 

Chester  county,  ss. 

James  Maguire  being  duly  sworn  says,  that  the  aforesaid 
action  is  depending  between  himself,  as  a  contractor  and  the  de- 
fendants, a  company  incorporated  by  the  laws  of  this  Common- 
wealth and  empowered  to  construct,  make  and  manage  the  said 
Central  Railroad ;  and  that  the  defendants  have  in  their  pos- 
session or  power  a  book  in  which  are  entered  the  estimates  of 
work  done  by  the  plaintiff  for  the  defendants  on  the  Central 
Railroad  since  the  first  day  of  March,  a.  d.  1850,  and  the  ac- 
counts of  payments  made  to  him  the  plaintiff,  by  the  defend- 
ants, and  that  the  said  book  contains  evidence  pertinent  to  the 
issue  in  the  above-stated  case. 

Sworn  and  subscribed.  May  1,  "j  James  Maguire. 

1855,  before  \ 

Henry  Fleming,  J.  P.        J 


39.   Order  of  Arbitrators  to  produce  Books. 

p.  59,  pi.  61.     24  February  1847,  P.  L.  153. 

,,  ^  In  the  Court  of  Common  Pleas  of  Ches- 

James  Maguire 

ter  county. 

m      r.      ^'       T.  ^  Of  January  Term,  1855.     No.  10. 

The  Central  Rail-     _,.        .*',         ojti,ti  ;i 

^  Before  Andrew  Reed,  Job  Jackson  ana 

ROAD  Company.  ^, ...    ,,     .        ...     . 

J       Philip  Martin,  arbitrators. 

The  defendants  above-named  are  hereby  required  to  produce 
on  the  further  hearing  of  the  above  cause,  on  the  eleventh  day 


68  ARBITRATION. 

of  May,  instant,  at  10  o'clock,  A.  M.,  at  the  house  of  John 
Smith,  in  the  borough  of  West  Chester,  a  book  in  which  are  en- 
tered the  estimates  of  work  done  by  the  plaintiff  for  the  defend- 
ants on  the  Central  Railroad  since  the  first  day  of  March,  A.  D. 
1850,  and  the  payments  made  to  him  by  the  defendants,  or  sat- 
isfy the  arbitrators  why  the  same  is  not  in  the  power  of  the  de- 
fendants so  to  do.  Witness  the  hands  of  said  arbitrators  this 
first  day  of  May,  a.  d.  1855. 

Andrew  Reed,  ^ 

Job  Jackson,       >  Arbitrators. 

Philip  Martin,  j 

Chester  county,  ss. 

Henry  Wallings  being  duly  sworn  says,  that  he  served  the  order 
of  which  the  foregoing  is  a  true  copy,  on  the  said  defendants,  by 
giving  said  order  to  George  Neal,  the  president  of  said  Central 
Railroad  Company,  personally,  on  the  first  day  of  May  in- 
stant. 

Sworn  and  subscribed.  May  1,  '\  Henry  Wallings. 

1855,  before  > 

Henry  Fleming,  J.  P.       J 


40.  Aivard  on  Non-jjroduction  of  Books, 

p.  59,  pi.  61.    24  February  1847,  P.  L.  153. 

We,  the  arbitrators  named  in  the  annexed  order,  having  met 
pursuant  to  adjournment  at  the  house  of  John  Smith,  in  the 
borough  of  West  Chester,  on  the  eleventh  day  of  May,  a.  d. 
1855,  and  due  proof  having  been  made  of  the  service  of  the 
order  of  the  arbitrators,  requiring  the  defendants  (or  plaintiff 
as  the  case  may  be),  to  produce  the  book  in  said  order  mentioned, 
and  the  defendants  having  failed  to  produce  said  book  this  day 
or  to  satisfy  the  arbitrators  why  the  same  is  not  in  their  power 
so  to  do  ;  and  the  plaintiff  having  made  oath  that  the  sum  of  five 
hundred  dollars  is  justly  due  to  him  from  the  defendants,  accord- 
ing to  the  best  of  his  knowledge  and  belief,  the  arbitrators  do 
award,  in  favor  of  the  plaintiff  against  the  defendant,  the  sum 


BANKS.      ,  69 

of  five  hundred  dollars  (or  that  the  plaintiff  has  no  cause  of 
action,  as  the  case  may  be).  Witness  our  hands  the  eleventh 
daj  of  May,  A.  d.  1855. 

Andrew  Reed,  "j 

Job  Jackson,       V  Arbitrators. 

Philip  Martin,  J 


41.  Award  in  Account. 

p.  25,  pi.  1.     20  March  1821,  7  Sm.  L.  186. 

We,  the  arbitrators  named  in  the  annexed  order,  having  met 
at  the  time  and  place  therein  named,  the  parties  being  present, 
and  having  been  duly  sworn,  heard  the  evidence  and  allega- 
tions of  the  parties  ;  and  determining  on  the  whole  merits  of  the 
cause,  we  report  that  there  is  a  balance  of  four  hundred  dollars 
due  from  the  defendant  to  the  plaintiff;  and  we  hereto  annex  (a) 
a  just  account  between  the  plaintiff  and  defendant,  which  re- 
sults in  the  above-mentioned  balance  of  four  hundred  dollars. 
Witness  our  hands  the  twelfth  day  of  March,  a.  d.  1855. 

Andrew  Reed, 
Job  Jackson, 
Philip  Martin. 


BANKS. 

1.   Certificate. 

P.  75,  pi.  2,  3.     1  May  1861,  P.  L.  503. 

The  undersigned  do  hereby  certify,  that  they  have  formed  an 
association  for  the  purpose  of  establishing  a  bank  of  discount, 
deposit  and  circulation,  under  the  authority  of  the  Act  of  Assem- 
bly entitled  "  A  Supplement  to  an  Act  to  establish  a  system  of 

(a)  An  account  must  be  annexed.  Wright  v.  Guy,  10  S.  &  R.  227  ;  Mont- 
gomery  v.  Durge,  13  S.  &  R.  112  ;  Clement  v.  Rohraback,  3  II.   116. 


70  BANKS. 

Free  Banking  in  Pennsylvania  and  to  secure  the  public  against 
loss  from  Insolvent  Banks,  approved  the  thirty -first  day  of  March 
Anno  Domini  one  thousand  eight  hundred  and  sixty ;"  said 
association  and  bank  to  be  subject  to  the  terms,  conditions, 
contingencies,  restrictions  and  liabilities  prescribed  in  said  act, 
and  in  pursuance  thereof  specify  as  follows,  viz.  : — 

1.  The  name  of  said  association  is," The  Penn  Bank:"  and 
the  name  and  residence  of  each  member  thereof  is  as  follows, 
viz. : — 

Names  of  Members,  Residence. 

James  Wills,  Pennsville,  Chester  county,  Pa. 

John  Gregg,  "  "  " 

George  Boyd, 

Abram  Reed, 

Abel  Lea, 

Job  Robb, 

Israel  Mann, 

Seth  Jones, 

Isaac  Fitch,  «  «  « 

Joseph  Hart,    '  "  "  " 

2.  The  place  of  business  where  said  contemplated  bank  is  to 
be  located,  is  the  borough  of  Pennsville,  in  the  county  of 
Chester. 

3.  The  amount  of  capital  stock  of  said  association  is  fifty 
thousand  dollars,  the  number  of  shares  into  which  the  same 
is  divided  is  one  thousand ;  and  it  is  contemplated  to  increase 
the  capital  stock  to  the  amount  of  three  hundred  thousand  dol- 
lars, to  be  divided  into  six  thousand  shares. 

4.  The  names  and  places  of  residence  of  the  shareholders, 
and  the  number  of  shares  held  by  each  of  said  shareholders,  are 
as  follows  : 

Names  of  Shareholders.  Residence.  No.  of  Shares. 

James  Wills,    Pennsville,  Chester  Co.,  Pa.,  one  hundred. 

John  Gregg,  "  "  "       one  hundred. 

George  Boyd,         "  "  "       one  hundred. 

Abram  Beed,         "  "  "       one  hundred. 

Abel  Lea,  «  «  "       one  hundred. 


BANKS. 


71 


Names  of  Shareholders.  Residence.  No.  of  Shares. 

Job  Robb,  Pennsville,  Chester  Co.,  Pa.,  one  hundred. 

Israel  Mann,      "  "  "  one  hundred. 

Seth  Jones,        "  "  "  one  hundred. 

Isaac  Fitch,        "  "  "  one  hundred. 


Joseph  Hart, 


one  hundred. 


Witness  our  hands  and  seals  the  third  day  of   September, 
Anno  Domini  one  thousand  eight  hundred  and  sixtj. 


James  Wills, 
John  Gregg, 
George  Boyd, 
Abram  Reed, 
Abel  Lea, 


[L.  S.] 
[L.  S.] 
[L.  S.] 
[L.  S.] 
[L.  S.] 


Job  Robb,  [l.  s.] 
Israel  Mann,  [l.  s.] 
Seth  Jones,  [l.  s.] 
Isaac  Fitch,  [l.  s.] 
Joseph  Hart,  [l.  s.] 


Chester  County,  ss. 

Before  me,  a  Justice  of  the  Peace  of  said  county,  personally 
appeared  the  above-named  James  Wills,  John  Gregg,  George 
Boyd,  &c.,  &c.,  (inserting  names  of  corporators),  and  acknow- 
ledged the  foregoing  certificate  to  be  their  act  and  deed  in  due 
form  of  law.  Witness  my  hand  and  seal  the  third  day  of  Sep- 
tember, a.  d.  one  thousand  eight  hundred  and  sixty. (a) 

John  Graves,  [l.  s.] 
Justice  of  the  Peace. 


Attorney-General's  Office, 
Harrisburg,  19  March,  1861. 

I  do  hereby  certify,  that  I  have  carefully  examined  the  above 
certificate,  and  that  the  same  is  properly  drawp  and  signed, 
that  the  notice  of  the  same  has  been  duly  and  correctly  adver- 
tised according  to  law,  and  that  the  certificate  and  published 
notice  are  in  conformity  with  the  constitution  and  the  laws  of 
this  Commonwealth. 

Samuel  A.  Puryiance, 

Attorney-General. 

(a)  This  form  is  a  copy  of  one  under  which  a  bank  has  been  incorporated, 
having  been  approved  by  Judge  Knox,  as  well  as  Mr.  Purviance,  whilst  they 
respectively  held  the  office  of  Attorney-General.  The  published  notice  was 
signed  by  all  the  members  of  the  association ; — that  may  have  been  unnecessary. 


72  BANKS. 

2.  Notice  of  Ap2^li<^(>'tion  for  Charter, 

p.  78,  pi.  2,     1  May  1861,  P.  L.  503. 

Notice  is  hereby  given,  that  the  undersigned  have  formed  an 
association  and  prepared  and  executed  a  certificate  for  the  pur- 
pose of  establishing  a  bank  of  issue,  discount  and  deposit,  un- 
der the  provisions  of  the  Act  entitled,  "  An  Act  to  establish  a 
system  of  Free  Banking  in  Pennsylvania  and  to  secure  the  pub- 
lic against  loss  from  insolvent  Banks,"  approved  the  31st  day 
of  March,  a.  D.  1860,  said  bank  to  be  called  "The  Penn 
Bank,"  and  to  be  located  in  the  borough  of  Pennsville,  in  the 
county  of  Chester : — to  consist  of  a  capital  stock  of  fifty  thou- 
sand dollars,  in  shares  of  fifty  dollars  each,  with  the  privilege  of 
increasing  the  same  to  any  amount  not  exceeding  in  all  three 
hundred  thousand  dollars. 


3.  Proof  of  Publication  of  Notice  of  Application. 

p.  78,  pi.  2.     1  May  1861,  P.  L.  503. 

[Attach  notice  as  published.] 
Chester  county,  ss. 

George  Boyd  being  duly  sworn  says,  that  he  is  foreman  of  "  The 
Star,"  a  weekly  newspaper  published  in  the  county  of  Chester  ; 
that  the  above  notice  has  been  published  in  said  newspaper 
once  a  week  for  six  months  ;  the  first  publication  having  been 
made  on  the  fifth  day  of  September,  A.  D,  1860,  and  the  last 
publication  on  the  sixth  day  of  March,  A.  d.  1861,  and  that 
there  is  no  newspaper  in  the  German  language  published  in  said 
county  of  Chester,  to  the  best  of  the  deponent's  knowledge  and 
belief. 

Sworn  and  subscribed,     "^  George  Boyd. 

March  7,  1861,  before  V 
Jno.  Graves,  J.  P.    J 


BONDS.  73 


BONDS. 


1.  Declaration  in  Debt  assigning  Breaches  on  a  Bond  to  secure 
the  Performance  of  an  Agreement. 

P.  112,  pi.  9.     14  June  1836,  P.  L.  6.38. 

George  Wills  "]  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg,    j  Of  April  Term,  1853.     No.  5. 

Chester  county,  ss. 

John  Gregg  was  summoned  to  answer  George  "Wills  of  a  plea 
that  he  render  unto  him  the  sum  of  two  thousand  dollars  lawful 
money  of  the  United  States,  which  he  owes  to  and  unjustly 
detains  from  him,  &c.  Whereupon  the  plaintiff,  by  William 
Marshall,  his  attorney,  complains,  That  whereas  the  defendant 
heretofore,  to  wit,  on  the  twenty-ninth  day  of  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-two,  at 
the  county  aforesaid,  by  his  certain  writing  obligatory,  with  his 
seal  sealed,  and  to  the  court  here  shown,  the  date  whereof  is 
the  day  and  year  last  aforesaid,  acknowledged  himself  to  be 
held  and  firmly  bound  to  the  plaintiff  in  the  sum  of  two  thou- 
sand dollars  above  demanded  to  be  paid  to  the  plaintiff.  And 
the  plaintiff,  according  to  the  Act  of  Assembly  in  such  case 
made  and  provided,  says,  that  the  said  writing  obligatory  was 
made  with  a  condition  thereto  subscribed,  that  if  the  defendant 
did  well  and  truly  observe  and  keep  all  and  singular  the  cove- 
nants and  agreements  whatsoever,  which  on  the  part  of  him 
the  defendant,  were  or  ought  to  be  observed  or  kept  in  a  cer- 
tain agreement  bearing  even  date  with  the  said  writing  obliga- 
tory and  made  between  the  plaintiff  of  the  one  part  and  the 
defendant  of  the  other  part,  according  to  the  true  intent  and 
meaning  of  the  said  agreement,  then  the  said  obligation  to  be 
void ;  and  the  plaintiff  further  says  that  by  the  said  agreement  in 
the  condition  of  the  said  writing  obligatory  mentioned, — which 
he  now  brings  here  into  court, — the  defendant  covenanted  and 
agreed  that  he  would  saw  and  deliver  unto  the  plaintiff  at  the 


74  BONDS. 

mill  of  the  defendant,  ten  hundred  thousand  feet  of  h 
in  the  folloAving  manner,  that  is  to  say,  two  hundred  thouoaiiU 
feet  on  the  first  day  of  December  then  next  ensuing  the  date 
of  said  agreement;  four  hundred  thousand  feet  on  the  first 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-four  and  four  hundred  thousand  feet  on  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-five,  he,  the  said  plaintiff,  paying  for  the 
said  boards  at  the  time  of  their  delivery,  at  and  after  the  rate 
of  twenty  dollars  for  every  one  thousand  feet  thereof;  and  al- 
though the  plaintifi"  has  well  and  truly  fulfilled  and  performed 
all  and  singular  the  covenants  in  said  agreement  mentioned  on 
his  part  and  behalf  to  be  done  and  performed  and  did  on  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-three  and  after  the  making  of  the  said 
agreement,  offer  to  receive  from  the  defendant  at  his  said  mill, 
two  hundred  thousand  feet  of  boards  and  then  and  there  to 
pay  for  the  same  at  and  after  the  rate  of  twenty  dollars  for 
every  one  thousand  feet  thereof,  yet  the  defendant  did  then  and 
there  wholly  neglect  and  refuse  and  still  does  neglect  and  re- 
fuse to  saw  and  deliver  to  the  plaintiff  the  said  two  hundred 
thousand  feet  of  boards,  according  to  the  true  intent  and 
meaning  of  the  said  agreement.  By  reason  of  which  said  breach 
the  said  writing  obligatory  became  forfeited  and  thereby  an 
action  has  accrued  to  the  plaintiff  to  demand  and  have  of  and 
from  the  defendant  the  said  sum  of  two  thousand  dollars  above 
demanded,  yet  the  defendant  although  often  requested  so  to  do, 
has  not  as  yet  paid  the  said  sum  of  two  thousand  dollars  above 
demanded  or  any  part  thereof  to  the  plaintiff,  but  has  hitherto 
wholly  neglected  and  refused  and  still  neglects  and  refuses  to 
pay  the  same,  to  the  damage  of  the  plaintiff  eight  hundred 
dollars  ;  and  therefore  he  bi-ings  his  suit. 

William  Marshall, 

For  Plaintiff. 


BONDS,  75 

2.  Verdict  for  Breaches  in  an  Action  on  a  Bond  to  secure 
Performance  of  an  Agreement. 

p.  112,  pi.  9.     14  June  1836,  P.  L.  638. 

And  now,  January  1,  1854,  a  jury  being  called,  elected  by 
ballot,  sworn  and  affirmed,  viz. :  Seth  Jones,  &c.,  who  (January 
3)  do  say  that  they  find  for  the  plaintiff  the  sum  of  two 
thousand  dollars  debt ; — and  assess  to  the  said  plaintiff  for  the 
breaches  of  said  covenant  (or  agreement)  assigned  in  his  decla- 
ration (or  replication)  in  this  case,  damages  at  the  sum  of  six 
hundred  dollars,  with  six  cents  costs. 


3.  Suggestion  of  further  Breaches  and  Precipe  for  Scire  Facias. 

p.  113,  pi.  10.     14  June  1836,  P.  L.  638. 

^  „,  ^  In  the  Court  of  Common  Pleas  of  Chester 

George  Wills   j 

f       county. 

J  '  ((See  JudgmentNo.5,to  January  Term, 1854.) 

John  Ltregg.    i_^  T^^•T-k  ^-i 

^  Judgment  Docket  r,  page  41. 

And  now,  January  30,  A.  d.  1855,  the  above-named  George 
Wills,  by  William  Marshall,  his  attorney,  according  to  the  form 
of  the  Act  of  Assembly  in  such  case  made  and  provided,  gives 
the  same  court  here  to  understand  and  be  informed,  that  the 
writ  in  the  action  in  which  the  above-stated  judgment  was  re- 
covered against  the  said  John  Gregg,  was  issued  on  the  first  day 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-three  and  that  said  action  was  brought  upon  and  for 
certain  breaches  by  the  said  John  Gregg,  of  the  condition  of  the 
bond  mentioned  in  the  declaration  in  the  said  action,  before  the 
issuing  of  the  said  writ.  And  the  said  George  Wills,  for  other 
and  further  breaches  of  the  said  condition  of  the  said  bond,  ac- 
cording to  the  form  of  the  Act  of  Assembly  in  such  case  made 
and  provided,  gives  the  court  here  to  understand  and  be  informed, 
that  after  the  recovery  of  said  judgment,  to  wit,  on  the  first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fifty-four,  at  the  county  aforesaid,  the  said  John  Gregg, 


76  BONDS. 

according  to  the  true  intent  and  meaning  of  tlie  agreement  in  the 
declavation  in  tlie  said  above  action  mentioned,  was  bound  to  de- 
liver to  the  said  George  Wills,  on  the  first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five,  the 
further  quantity  of  four  hundred  thousand  feet  of  boards  as  in  said 
agreement  mentioned  and  to  receive  from  the  said  George  Wills 
payment  for  the  same  at  and  after  the  rate  of  twenty  dollars 
for  every  thousand  feet  thereof,  which  payment  he  the  said 
George  Wills  was  then  and  there  willing  and  offered  to  make  to 
the  said  John  Gregg  on  deliv.ery  of  said  boards  as  aforesaid, 
but  the  said  John  Grecrf;  has  neglected  and  refused  to  deliver 
to  the  said  George  Wills,  the  further  quantity  of  four  hundred 
thousand  feet  of  boards  and  still  neglects  and  refuses,  contrary 
to  the  form  and  effect  of  the  said  condition  of  the  said  bond, 
which  said  breach  of  the  said  condition  the  said  George  Wills 
avers  and  gives  the  same  court  here  to  understand  and  be  in- 
formed is  a  further  breach  of  the  said  condition  than  the  breach 
for  and  by  reason  of  which  he  obtained  the  above-stated  judg- 
ment ;  and  he  further  avers  and  gives  the  court  here  to  under- 
stand and  be  informed,  that  by  reason  of  the  said  last-mentioned 
breach  he  has  sustained  damage  to  the  amount  of  eight  hundred 
dollars  and  therefore  prays  a  writ  of  Scire  Facias  upon  the 
above-stated  judgment  may  be  issued,  directed  to  the  sheriff  of 
Chester  county,  setting  forth  the  said  further  breach  of  said 
bond  and  commanding  the  said  sheriff  to  summon  the  said 
John  Gregg,  to  show  cause  why  execution  should  not  be  had 
and  awarded  upon  the  above-stated  judgment,  for  the  damages 
which  he  the  said  George  Wills  has  sustained,  by  reason  of  the 
said  further  breach  of  the  condition  of  said  bond. 

William  Marshall, 
Plaintiff's  Attorney. 

Issue  Scire  Facias  upon  the  above-stated  judgment,  setting 
forth  above  breach,  &c.,  returnable  to  April  Term  next. 

Yours,  &c., 

William  Marshall, 
To  James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary.  January  3,  1855. 


BONDS.  77 

4.  Scire  Facias  for  subsequent  Breaches  after  Judgment. 

p.  113,  pi.  10.     14  June  1836,  P.  L.  638, 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriflf  of  the 
county  of  Chester ;  Greeting. 

Whereas,  George  Wills  heretofore,  to  wit,  on  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-four,  in  our  county  court  of  Common  Pleas  before  our 
Judges  at  West  Chester,  recovered  judgment  against  John  Gregg, 
late  of  your  county,  for  a  certain  debt  or  sum  of  two  thousand 
dollars,  lawful  money  of  the  United  States,  whereof  the  said 
John  Gregg  is  convict,  as  appears  of  record,  which  said  judg- 
ment so  recovered  against  the  said  John  Gregg  as  aforesaid, 
was  had  and  obtained  in  an  action  brought  in  our  said  court 
upon  a  certain  writing  obligatory,  bearing  date  the  twenty- 
ninth  day  of  October,  Anno  Domini  one  thousand  eight  hundred 
and  fifty-two  and  sealed  with  the  seal  of  the  said  John  Gregg, 
whereby  the  said  John  Gregg  became  held  and  firmly  bound 
unto  the  said  George  Wills  in  the  sum  of  two  thousand  dollars 
to  be  paid  to  the  said  George  Wills  when  he,  the  said  John 
Gregg,  should  be  thereunto  afterwards  requested,  with  and  under 
a  certain  condition  to  the  said  writing  obligatory  subscribed, 
whereby  it  was  declared  that  if  the  above  bounden  John  Gregg 
should  and  did  well  and  truly  observe  and  keep  all  and  singular 
the  covenants  which  on  the  part  of  the  said  John  Gregg  were 
or  ought  to  be  observed  and  kept  in  a  certain  agreement,  bear- 
ing even  date  with  the  said  writing  obligatory,  made  between 
the  said  George  Wills  and  the  said  John  Gregg,  according  to 
the  true  intent  and  meaning  of  said  agreement,  without  any 
fraud  or  further  delay,  then  the  said  obligation  was  to  be  void 
or  else  to  be  and  remain  in  full  force  and  virtue  ;  by  which  said 
agreement  in  said  condition  mentioned,  the  said  John  Gregg 
covenanted  and  agreed  that  he  would  saw  and  deliver  unto  the 
said  George  Wills,  at  the  mill  of  the  said  John  Gregg,  ten  hun- 
dred thousand  feet  of  boards  in  the  following  manner,  that  is 
to  say,  two  hundred  thousand  feet  on  the  first  day  of  December, 


78  BONDS. 

next  ensuing  the  date  thereof,  four  hundred  thousand  feet  on 
the  first  day  of  December,  one  thousand  eight  hundred  and 
fifty-four,  and  four  hundred  thousand  feet  on  the  first  day  of 
December,  one  thousand  eight  hundred  and  fifty-five ;  and 
whereas  the  said  George  Wills  heretofore  assigned  in  his  de- 
claration filed  in  the  said  action,  a  certain  breach  in  the  condi- 
tion of  the  aforesaid  writing  obligatory,  according  to  the  form 
of  the  Act  of  Assembly  in  such  case  made  and  provided,  to  wit, 
that  after  the  making  of  the  said  writing,  on  the  first  day  of 
December,  Anno  Domini  one  thousand  eight  hundred  and  fifty- 
three,  the  said  John  Gregg  neglected  and  refused  to  deliver  to 
the  said  George  Wills,  two  hundred  thousand  feet  of  boards, 
contrary  to  the  form  and  efiect  of  the  said  agreement  in  the 
said  condition  of  the  said  writing  obligatory  mentioned ; — and 
damages  were  thereupon  assessed  for  and  by  reason  of  the 
breach  so  assigned  ; — and  whereas  now  in  our  same  court  we  are 
given  to  understand  by  the  said  George  Wills,  as  a  breach 
of  said  agreement  in  the  said  condition  of  the  said  writing 
obligatory  mentioned,  other  than  the  said  breach  so  assigned 
as  aforesaid,  that  after  the  recovery  of  the  said  judgment, 
to  wit,  on  the  first  day  of  December,  Anno  Domini  one  thou- 
sand eight  hundred  and  fifty-four,  the  said  John  Gregg  ne- 
glected and  refused  to  deliver  to  the  said  George  Wills  the 
further  quantity  of  four  hundred  thousand  feet  of  boards,  con- 
trary to  the  form  and  efi'ect  of  the  said  agreement  in  the  said 
condition  of  the  said  writing  obligatory  mentioned  and  still 
does  neglect  and  refuse.  By  reason  of  which  last-mentioned 
breach,  the  said  George  Wills  has  given  us  to  understand,  that 
he  has  sustained  damage  to  the  amount  of  eight  hundred  dollars 
and  has  besought  us  to  provide  for  him  a  proper  remedy  : — and 
we  being  willing  that  what  is  just  in  this  behalf  should  be  done, 
do  according  to  the  form  of  the  Act  of  Assembly  in  such  case 
made  and  provided,  command  you  that  you  make  known  to  the 
said  John  Gregg,  that  he  be  before  our  Judges  at  West  Chester,  at 
our  county  court  of  Common  Pleas  there  to  be  held  on  the  last 
Monday  of  January  next,  to  show  cause,  if  any  he  has  or  knows,  to 
say  why  execution  should  not  be  had  and  awarded  against  him 
upon  the  said  judgment  so  obtained  as  aforesaid  for  the  da- 


BONDS.  79 

mages  to  be  assessed  by  reason  of  the  said  last-mentioned  breach 
of  the  said  condition  of  the  said  writing  obligatory,  if  it  shall 
seem  expedient  for  the  said  John  Gregg  so  to  do  : — and  further 
to  do  and  receive  what  our  said  court  may  then  and  there  con. 
sider  of  him  in  this  behalf ;  and  have  you  then  and  there  this 
writ. 

Witness  the  Honorable  Townsend  Haines,  Esq.,  at  West 
Chester,  the  twentieth  day  of  November,  Anno  Domini  one 
thousand  eight  hundred  and  fifty-four. 

James  Davis, 
Prothonotary. 


In    the     Court     of 
^      Common  Pleas  of 
Chester  county. 


5.  Precipe  in  Debt  on  Sheriff's  Bond. 

p.  113,  pi.  15.     14  June  1836,  P.  L.  638. 

The  Commonwealth  of  Pennsylvania^ 
at  the  suggestion  of  George  Wills 
as  Plaintiff, 

V. 

Charles  Wallace,  Sheriff  of  the  county 
of  Chester. 

Issue  summons  in  debt  on  official  bond  of  Sheriff,  $20,000,  re^ 
turnable  to  April  Term  next. 

Yours,  &c., 
William  Marshall, 
To  James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary.  March  15,  1855. 


6.  Declaration  on  Sheriff's  Bond. 

p.  113,  pL  16.     14  June  1836,  P.  L.  638. 

In  the  Court  of  Common  Pleas  of  Chester  county.     Of  April 
Term,  mdccclv.     No.  7 
Chester  county,  ss. 

Charles  Wallace,  late  Sheriff  of  said  county,  was  summoned  to 


80  BONDS. 

answer  the  Commonwealth  of  Pennsylvania,  at  the  suggestion  of 
George  Wills  as  plaintiff,  of  a  plea  that  he  render  unto  the  Com- 
monwealth, the  sum  of  twenty  thousand  dollars  which  he  owes 
to  and  unjustly  detains  from  said  Commonwealth. 

"Whereupon  the  Commonwealth,  by  William  Marshall  her 
attorney  in  this  behalf  says,  that  whereas  the  defendant  by 
his  certain  writing  obligatory  with  his  seal  sealed  and  to  the 
court  here  shown,  the  date  whereof  is  the  second  day  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
, fifty-two,  according  to  the  Act  of  Assembly  in  such  case  made 
and  provided,  did  on  the  day  and  year  aforesaid,  at  the  county 
aforesaid,  acknowledge  himself  to  be  held  and  firmly  bound  unto 
the  Commonwealth  of  Pennsylvania  in  the  sum  of  twenty  thou- 
sand dollars,  to  be  paid  to  the  Commonwealth,  for  the  uses,  in- 
tents and  purposes  declared  and  appointed  by  law,  with  condi- 
tion to  the  said  writing  obligatory  subscribed,  that  if  the  defend- 
ant, as  Sheriff  of  said  county  of  Chester,  should  and  did  without 
delay,  according  to  law,  well  and  truly  serve  and  execute  all 
writs  and  process  of  the  Commonwealth  to  him  directed  and 
should  and  would  from  time  to  time,  upon  request  to  him  for 
that  purpose  made,  well  and  truly  pay  or  cause  to  be  paid  to 
the  several  suitors  and  parties  interested  in  the  execution  of 
such  writs  and  process,  their  lawful  attorney,  agents  or  assigns, 
all  and  every  sum  and  sums  of  money  to  them  respectively  be- 
longing which  should  come  to  his  hands  and  should  and  would 
from  time  to  time  and  at  all  times,  during  his  continuance  in 
office  as  Sheriff  aforesaid,  well  and  faithfully  execute  and  per- 
form all  and  every  the  trusts  and  duties  to  the  said  office  apper- 
taining, then  the  said  writing  obligatory  to  be  void,  or  else  to 
be  and  remain  in  full  force  and  virtue. 

And  whereas  the  said  George  Wills,  afterwards,  to  wit,  on 
the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-four,  at  the  county  aforesaid,  by  the 
consideration  and  judgment  of  the  Court  of  Common  Pleas  of 
Chester  county,  aforesaid,  recovered  against  a  certain  John 
Gregg,  on  the  verdict  of  a  jury  in  a  certain  action  of  debt,  No. 
5,  to  April  Term,  a.  d.  1853,  before  that  time  instituted  and 
pending  in  the  said  court  at  the  suit  of  the  said  George  Wills 


BONDS.  81 

against  the  said  John  Gregg,  the  sum  of  six  hundred  dollars, 
which,  by  the  said  court  was  then  and  there  adjudged  to  the 
said  George  Wills,  by  reason  of  the  non-performance  by  the 
said  John  Gregg  of  the  condition  of  a  certain  writing  obligatory 
then  lately  made  by  the  said  John  Gregg,  as  well  as  the  sum 
of  seventy-two  shillings  for  his  costs  and  charges  sustained  by 
him,  &c.,  whereof  the  said  John  Gregg  was  convict,  as  by  the 
record  and  proceedings  thereof  in  the  said  action  remaining  in 
the  said  court  more  fully  appear ;  which  said  judgment  so  re- 
covered by  the  said  George  Wills  against  the  said  John  Gregg 
was  then  and  there  a  lien  upon  all  the  real  estate  of  the  said 
John  Gregg  in  the  said  county  of  Chester. 

And  whereas,  also,  afterwards  to  wit,  on  the  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty -four,  a  certain  writ  of  Venditioni  Exponas  was  issued  out 
of  the  said  Court  of  Common  Pleas  of  Chester  County,  to  the 
said  Charles  Wallace,  Sheriff  as  aforesaid  directed,  commanding 
him  that  a  certain  messuage,  plantation,  and  tract  of  land,  situate 
in  the  township  of  Penn,  in  said  county,  bounded  by  lands  of 
Job  Jackson  and  others,  containing  about  one  hundred  acres 
more  or  less,  with  the  appertenances  (which  before  that  time  the 
said  Charles  Wallace,  Sheriff  as  aforesaid,  by  virtue  of  a  certain 
writ  of  Fieri  Facias,  had  seized  and  taken  in  execution  as  the 
estate  of  the  said  John  Gregg,  and  which  remained  in  his  hands 
for  want  of  buyers),  he  should  without  delay  expose  to  sale,  so 
that  he  should  have  before  the  judges  at  West  Chester,  at  the 
said  Court  of  Common  Pleas  there  to  be  held  on  the  last  Monday 
in  April  then  next,  as  well  the  said  debt  of  six  hundred  dollars 
which  the  said  George  Wills  had  recovered  against  the  said 
John  Gregg,  as  aforesaid,  as  also  the  said  seventy-two  shillings 
which  to  him  the  said  George  Wills,  were  adjudged  for  his  costs 
and  charges,  &c.,  to  which  said  writ  of  Venditioni  Exjoonas  the 
said  Charles  Wallace  on  the  said  last  Monday  in  April  did  certify 
and  return,  that  by  virtue  of  said  writ  he  had  on  the  fifth  day  of 
April  then  instant,  exposed  the  premises  above  mentioned  to  sale 
by  public, vendue,  and  sold  the  same  to  John  Coates  for  the  sum 
of  ten  thousand  dollars ;  and  that  he  had  the  said  moneys  ready 
before  the  said  Judges,  as  by  the  said  writ  he  was  commanded. 
6 


82  BONDS. 

And  the  said  Georse  Wills  avers  that  the  said  sum  of  ten 
thousand  dollars  for  which  the  aforesaid  premises  were  sold  as 
aforesaid,  afterwards  to  wit,  on  the  day  and  year  aforesaid,  at 
the  county  aforesaid,  came  into  the  hands  of  the  said  Charles 
Wallace,  Sheriif  aforesaid. 

And  the  said  George  Wills  further  avers,  that  at  the  time  of 
the  issuing  of  the  said  writ  of  Venditioni  Exponas  before  men- 
tioned and  of  the  sale  of  the  said  real  estate  of  the  said  John 
Gregg,  by  virtue  of  the  said  writ,  as  well  the  said  judgment  of 
six  hundred  dollars  with  interest  thereon,  as  the  said  sum  of 
seventy-two  shillings  which  were  adjudged  to  him  for  his  costs 
and  charges,  &c.,  was,  and  continued  to  be  a  lien  upon  the  real 
estate  of  the  said  John  Gregg,  so  sold  by  the  said  Charles  Wal- 
lace, Sheriff  as  aforesaid,  to  wit,  at  the  county  aforesaid ;  and 
that  the  said  sum  of  ten  thousand  dollars  which,  by  virtue  of  the 
aforesaid  sale  of  the  land  of  the  said  John  Gregg,  came  into  the 
hands  of  the  said  Charles  Wallace,  as  Sheriff  aforesaid,  was 
more  than  enough  to  pay  and  discharge  the  said  judgment  of 
six  hundred  dollars  which  the  said  George  Wills  had  so,  as 
aforesaid,  recovered  against  the  said  John  Gregg,  and  interest 
and  cost  and  charges  aforesaid.  By  reason  whereof  the  said 
Charles  Wallace,  Sheriff  as  aforesaid,  became  and  was  liable  to 
pay  to  the  said  George  Wills,  the  said  sum  of  six  hundred  dol- 
lars with  interest  thereon,  from  the  first  day  of  January  one 
thousand  eight  hundred  and  fifty-four,  as  well  as  the  sum  of 
seventy-two  shillings  for  his  costs  and  charges  aforesaid. 

And  the  said  George  Wills  further  avers,  that  the  said 
Charles  Wallace,  Sheriff  aforesaid,  although  often  requested  so 
to  do,  has  not  paid  to  him  the  said  sum  of  six  hundred  dollars, 
with  interest  as  aforesaid,  nor  the  aforesaid  sum  of  seventy-two 
shillings,  nor  any  part  thereof,  but  has  wholly  neglected  and 
refused  to  pay  the  same,  by  which  breach  the  said  writing  obli- 
gatory became  forfeited,  and  thereby  action  has  accrued  to  the 
Commonwealth  to  demand  and  have  from  the  said  Charles  Wal- 
lace, Sheriff  aforesaid,  the  said  sum  of  twenty  thousand  dollars, 
above  demanded.  Yet  the  said  Charles  Wallace,  Sheriff  afore- 
said, although  often  requested  so  to  do,  hath  not  as  yet  paid 
the  said    sum   of  twenty  thousand    dollars    above    demanded, 


BONDS.  83 

or  any  part  thereof  to  the  said  Commonwealtli,  but  to  pay  the 
same  has  hitherto  wholly  refused  and  still  does  refuse,  to  the 
damage  of  the  Commonwealth  five  thousand  dollars,  and  there- 
fore the  Commonwealth  brings  suit,  &c. 

William  Marshall, 

For  Plaintiff. 


7.  Suggestion  of  Additional  Plaintiff  before  Judgment. 

p.  1]3,  pi.  17.     14  June  18.36,  P.  L.  6.38. 

The  Commonwealth  of  Pennsylvania,  ~|  In  the  Court  of 
with  the  suggestion  of  George  Wills  Common  Pleas  of 
as  Plaintiff,  .       Chester  County. 

V.  I  Of  April   Term,   A. 

Charles  Wallace,  Sheriff  of  Chester  i  d.  1855.  No.  7. 
County.  j  Debt,  $20,000. 

And  now,  July  3,  a.  d.  1855,  Henry  Rose,  by  leave  of  the 
Court  suggests  that  a  cause  of  action  has  accrued  to  him  on  the 
obligation  on  which  the  writ  in  the  above-stated  action  issued. 

Samuel  Lewis, 
Attorney  for  Henry  Rose. 

July  3,  A.  D.  1855.  Suggestion  of  said  Henry  Rose  filed 
and,  on  motion  of  Samuel  Lewis,  of  counsel  with  said  Henry 
Rose,  the  Court  order  that  the  said  Henry  Rose  be  made  a 
party  plaintiff  in  said  writ. 


8.    Verdict. 

p.  113,  pi.  22.     14  June  1836,  P.  L.  638. 

And  now,  to  wit,  November  15,  1855,  a  jury  being  called, 
elected  by  ballot,  sworn  and  affirmed,  to  wit,  Seth  Jones,  &c., 
do  say  that  they  find  for  the  Commonwealth  the  sum  of  twenty 
thousand  dollars  debt,  and  for  George  Wills,  the  above-named 


84  BONDS, 

plaintiff,  in  the  sum  of  seven  hundred  dollars  witli  six  cents 
costs. 


9.  Suggestion  of  Another  Party  on  a  Judgment  on  Sheriff's 
Bond  for  further  Breaches. 


p.  114,  pi.  25.     14  June  1836,  P.  L.  640 

The  Commonwealth  of  Pennsylvania,  ' 
with  the  sufforestion  of  George  Wills, 


V. 


In  the  Common  Pleas 
of  Chester  county. 

Charles  Wallace,  Sheriff  of  Chester  .^  _      ^^    '  ._* 

'  D.  18o5.    No.  47. 

county. 

Judgment  for  Commonwealth,  November  15,  1855,  for 
$20,000. 

And  now,  to  wit,  January  11,  A.  D.  1856,  Enoch  Brown,  by 
Henry  Green  his  attorney,  according  to  the  Act  of  Assembly 
in  such  case  made  and  provided,  gives  the  Court  here  to  under- 
stand and  be  informed,  that  after  the  rendition  of  judgment  as 
aforesaid  for  the  Commonwealth  against  the  said  Charles  Wal- 
lace, that  he,  the  said  Enoch  Brown,  on  the  seventh  day  of  De- 
cember, A.  D.  one  thousand  eight  hundred  and  fifty-five,  by  the 
consideration  and  judgment  of  this  Court,  recovered  against  a 
certain  Andrew  Reed,  on  the  confession  of  him  the  said  Andrew 
Reed,  the  sum  of  five  hundred  dollars,  which  by  the  said  Court 
was  then  and  there  adjudged  to  him,  the  said  Enoch  Brown,  by 
reason  of  the  non-performance  by  the  said  Andrew  Reed  of  the 
condition  of  a  certain  writing  obligatory,  then  lately  made  by 
the  said  Andrew  Reed  and  sealed  with  his  seal,  as  well  as  of 
the  sum  of  seventy-two  shillings  for  the  costs  and  charges,  &c., 
by  him  the  said  Enoch  Brown  in  that  behalf  sustained,  whereof 
the  said  Andrew  Reed  was  convict  as  by  the  record  and  pro- 
ceedings thereof  remaining  in  the  said  Court  more  fully  appears, 
which  said  judgment  so  recovered  by  the  said  Enoch  Brown, 
was  then  and  there  a  lien  upon  all  the  real  estate  of  the  said 
Andrew  Reed  in  the  said  county  of  Chester. 

And  the  said  Enoch  Brown  gives  the  Court  here  further  to 


BONDS.  85 

understand  and  be  informed,  that  afterwards,  to  wit,  on  the  tenth 
day  of  the  same  month  of  December,  a  certain  writ  of  Venditioni 
Exponas  was  issued  out  of  the  said  Court,  to  the  said  Charles 
Wallace,  Sheriff  as  aforesaid  directed,  commanding  him  that  a 
certain  messuage  and  lot  or  piece  of  land  situate  in  the  town- 
ship of  Elk  in  said  county,  bounded  by  land  of  Philip  Martin 
and  others,  and  containing  one  acre,  more  or  less,  with  the  ap- 
pertenances  (which  before  that  time,  the  said  Charles  Wallace, 
Sheriff  as  aforesaid,  by  virtue  of  a  certain  writ  of  Fieri  Facias, 
had  seized  and  taken  in  execution  as  the  estate  of  the  said  Andrew 
Reed  and  which  remained  in  his  hands  unsold  for  want  of 
buyers,)  he  should,  without  delay,  expose  to  sale,  so  that  he 
should  have  before  the  Judges  at  West  Chester,  at  the  said 
Court  of  Common  Pleas  there  to  be  held  on  the  last  Monday  in 
January  then  next,  as  well  the  said  debt  of  five  hundred  dollars, 
which  the  said  Enoch  Brown  had  recovered  against  the  said 
Andrew  Reed  as  aforesaid,  as  also  the  said  seventy-two  shillings 
which  to  him,  the  said  Enoch  Brown,  were  adjudged  for  his 
costs  and  charges,  &c.,  to  which  said  writ  of  Venditioni  Fxponas 
the  said  Charles  Wallace  on  the  said  last  Monday  in  January, 
did  certify  and  return,  that  by  virtue  of  the  said  writ  he  had, 
on  the  twentieth  day  of  January  then  instant,  exposed  the 
premises  above  mentioned  to  sale  by  public  vendue,  and  sold 
the  same  to  Philip  Martin  for  the  sum  of  one  thousand  dollars, 
and  that  the  said  moneys  he  had  ready  before  the  said  Judges 
as  by  the  said  writ  he  was  commanded. 

And  the  said  Enoch  Brown  gives  the  Court  here  further  to 
understand  and  be  informed,  that  the  said  sum  of  one  thousand 
dollars  for  which  the  aforesaid  premises  were  sold  as  aforesaid, 
afterwards,  to  wit,  on  the  day  and  year  aforesaid,  at  the  county 
aforesaid,  came  into  the  hands  of  the  said  Charles  Wallace, 
Sheriff  as  aforesaid. 

And  the  said  Enoch  Brown  gives  the  Court  here  further  to 
understand  and  be  informed,  that,  at  the  time  of  the  issuing  of 
the  said  writ  of  Venditioni  Exponas  above  mentioned  and  of  the 
Bale  of  the  said  real  estate  of  the  said  Andrew  Reed  by  virtue 
of  said  writ,  as  well  the  said  judgment  of  five  hundred  dollars 
with  interest  thereon,  as  the  said  sum  of  seventy-two  shillings 


86  BONDS. 

which  -were  adjudged  to  him  for  his  costs  and  charges,  &c.,  was 
and  continued  to  be  a  lien  upon  the  real  estate  of  the  said 
Andrew  Reed,  sold  by  the  said  Charles  Wallace  as  SheriflF 
aforesaid,  to  wit,  at  the  county  aforesaid,  and  that  the  said  sum 
of  one  thousand  dollars,  which,  by  virtue  of  the  aforesaid  sale 
of  the  lands  of  the  said  Andrew  Reed  came  into  the  hands  of  the 
said  Charles  Wallace  as  Sheriff  aforesaid,  was  more  than  enough 
to  pay  and  discharge  the  said  judgment  of  five  hundred  dollars, 
which  the  said  Enoch  Brown  had  so  as  aforesaid  recovered 
ao-ainst  the  said  Andrew  Reed,  and  interest  and  costs  and 
charges  aforesaid ; — and  that  by  reason  thereof  the  said  Charles 
Wallace,  Sheriff  as  aforesaid,  became  and  was  liable  to  pay  to 
him,  the  said  Enoch  Brown,  the  said  sum  of  five  hundred  dollars 
with  interest  from  the  said  seventh  day  of  December,  Anno 
Domini  one  thousand  eight  hundred  and  fifty-five,  as  well  as 
the  said  sum  of  seventy-two  shillings  for  his  costs  and  charges 
aforesaid.  And  the  said  Enoch  Brown  gives  the  Court  here 
further  to  understand  and  be  informed,  that  the  said  Charles 
Wallace,  Sheriff  as  aforesaid,  although  often  requested  so  to  do, 
has  not  paid  to  him  the  said  sum  of  five  hundred  dollars  with 
interest  and  costs  and  charges  aforesaid  nor  any  part  thereof, 
but  has  wholly  neglected  and  refused  to  pay  the  same,  and  that 
he  has  sustained  damages  thereby  to  the  amount  of  seven 
hundred  dollars. 

And  thereupon  the  said  Enoch  Brown  gives  the  Court  here 
to  understand  and  be  informed,  that  by  reason  of  the  premises 
he  is  interested  in  said  judgment  for  the  Commonwealth  against 
the  said  Charles  Wallace,  having  sustained  damages,  and  there- 
fore prays  that  a  writ  of  Scire  Facias  may  be  issued  out  of  said 
court,  directed  to  the  Coroner  of  Chester  county,  setting  forth 
the  aforesaid  breach  of  the  condition  of  the  said  bond  men- 
tioned in  the  declaration  filed  in  the  above-stated  action  of 
debt,  commanding  the  said  Coroner  to  summon  the  said  Charles 
Wallace,  to  show  cause  why  execution  should  not  be  had  and 
awarded  upon  the  above-stated  judgment,  for  the  damages 
which  he,  the  said  Enoch  Brown,  has  sustained  by  reason  of 
the  above-stated  breach  of  said  bond  as  aforesaid. 

Henry  Green, 
Attorney  for  Enoch  Brown. 


BOROUGHS.  87 

Issue  Scire  Facias  upon  the  above-stated  judgment,  setting 
forth  the  above  breach. 

George  Newlin, 
Attorney  for  Enoch  Brown. 
To  James  Davis,  Esq.,  March  11,  1856. 

Prothonotarj. 


BOROUGHS. 

1.  Petition  to  Incorporate  a  Borough. 

p.  116,  pi.  2,  3.     1  April  1834,  P.  L.  163. 

To  the  Honorable  the  Court  of  Quarter  Sessions  of  the 
Peace  for  the  County  of  Chester. 

The  petition  of  the  undersigned  inhabitants  of  the  town  of 
Marshalton  in  the  said  County  of  Chester,  respectfully  repre- 
sents :  That  the  said  town  contains  a  collection  of  houses,  collo- 
cated after  a  regular  plan  in  regard  to  streets  and  lanes, (a)  and 
that  the  petitioners  reside  within  the  limits  thereof,  as  hereafter 
set  forth  and  described,  and  that  the  same  contains  not  more 
than  one  hundred  freeholders  (or  as  the  case  may  be),  that 
they  are  desirous  that  said  town  should  be  incorporated  by  the 
style  and  title  of  the  Borough  of  Marshalton,  according  to  the 
following  boundaries,  viz.,  beginning,  &c.  (setting  out  the 
boundaries),  a  plot  or  draft  whereof  accompanies  this  petition. 
The  petitioners  further  represent  that  they  are  a  majority  of  the 
freeholders  residing  within  said  limits.  They  therefore  pray 
the  Court  to  cause  this,  their  application,  to  be  laid  before  the 
Grand  Jury  of  said  county,  and  if  a  majority  of  the  said  Grand 
Jury  after  a  full  investigation  shall  certify  to  the  Court  that  the 
provisions  of  the  Act  of  Assembly  in  such  case  made  and  pro- 
vided, have  been  complied  with,  and  that  it  is  expedient  to 
grant  the  prayer  of  the  petitioners,  that  the  Court  will  confirm 
said  judgment,  and  that  upon  compliance  with  the  several  condi- 

(a)   Borourjh  of  West  Philadelphia,  5  W.  &  S.  281. 


C»  BOROUGHS. 

tions  required  in  said  Act  of  Assembly,  the  said  town  of 
Marshalton  may  thenceforth  be  deemed  an  incorporated  borough, 
by  the  style  and  title  aforesaid,  entitled  to  all  the  rights,  immuni- 
ties and  privileges  provided  in  said  act,  and  they  will,  &c. 

Enoch  Rex,  &c. 

Order  of  Court. 

PI.  3. 

January  26,  1857.     Upon  the  hearing  of  the  foregoing  peti- 
tion the  Court  order  the  same  to  be  laid  before  the  Grand  Jury. 


2.  Report  of  the  Grand  Jury. 

p.  116,  pi.  .3.     1  April  1834,  P.  L.  163. 

To  the  Honorable  the  Court  of  Quarter  Sessions  of  the  Peace 
of  the  County  of  Chester,  at  January  Sessions,  A.  D.  1857. 

The  Grand  Jury  of  said  County  respectfully  certify,  that,  after 
a  full  investigation  of  the  case  presented  by  the  annexed  peti- 
tion to  incorporate  the  town  of  Marshalton,  a  majority  of  said 
jury  do  find  that  the  conditions  prescribed  by  the  Act  of  Assem- 
bly relating  thereto  have  been  complied  with,  and  believe  that 
it  is  expedient  to  grant  the  prayer  of  the  petitioners. 
By  direction  of  a  majority  of  the  Grand  Jury. 

Elijah  Wolf,  Foreman. 
January  30,  1857, 

Same  day.  The  Court  direct  the  within  certificate  to  be  en- 
tered of  record. 


3.   Order  of  Court  IncoriJorating. 

p.  116,  pi.  6,  9.     p.  119,  pi.  46.     p.  122,  pi.  95.     3  April  1851,  325,  327. 

In  the  matter  of  the  application  to  incorporate  the  town  of 
Marshalton  into  a  borough. 

And  now,  April  26,  A.  d.  1857,  the  Court  confirm  the  judg- 
ment of  the  Grand  Jury,  and  decree  that  the  said  town  of  Mar- 


BOROUGHS,  89 

shalton  be  incorporated  into  a  borough,  in  conformity  with  the 
prayer  of  the  petitioners ;  that  the  corporate  style  and  title 
thereof  shall  be,  "  The  Borough  of  Marshalton,"  that  the  boun- 
daries thereof  shall  be  as  follows,  viz.,  beginning,  &c.  (set  out 
boundaries),  and  that  the  annual  borough  election  shall  be  held  at 
the  public  school  house  in  said  borough,  on  the  third  Friday  in 
March,  in  accordance  with  and  subject  to  all  the  provisions  of 
the  laws  regulating  township  elections,  and  declare  said  borough 
a  separate  election  and  school  district : — the  Court  further  decree 
and  fix  the  first  election  in  said  borough  for  election  of  the  offi- 
cers provided  for  by  law,  at  the  public  school  house  in  said 
borough,  on  the  17th  day  of  May,  a.  d.  1857,  between  the  hours 
of  8  o'clock,  A.  M.  and  7  o'clock,  P,  m,  of  said  day,  and  de- 
signate John  Jones  to  give  due  notice  of  said  election  and  the 
manner  thereof,  and  the  Court  further  decree  that  Robert  Black 
be  the  judge,  and  James  Lee  and  Charles  Smith  be  the  inspec- 
tors of  said  election. 


4.  Petition  to  change  the  Limits  of  a  Borough. 

p.  116,  pi.  3.     1  April  1834,  P.  L.  163. 

To  the  Honorable  the  Court  of  Quarter  Sessions  of  the  Peace 
of  and  for  the  County  of  Chester. 

The  petition  of  the  undersigned,  inhabitants  of  the  Borough 
of  Marshalton  in  said  county,  respectfully  represents :  That  by 
virtue  of  a  decree  of  this  Court  made  the  26th  day  of  April, 
A.  D.  1857,  the  town  of  Marshalton  was  erected  into  a  borough 
with  the  following  boundaries,  viz :  beginning,  &c.  (set  out 
boundaries),  that  in  the  judgment  of  the  petitioners  it  is  desira- 
ble that  the  limits  of  said  borough  should  be  changed  so  as  to 
include  within  the  said  borough  a  collection  of  houses  adjoining 
said  borough,  collocated  after  a  regular  plan  in  regard  to  streets 
and  lanes,  and  having  the  following  boundaries,  viz. :  beginning 

at   ,   being   the  northwest   corner  of  said  borough    as 

above   described,  thence,   &c.,   to,   &c.,   thence,   &c.,  to,    &c., 

thence,  &c.,  to  (set  out  boundaries),  being  the  northeast 

corner  of  said  borough  as  above  described,  thence  along  the  north 


90  BOROUGHS. 

line  of  said  borougli  to  the  place  of  beginning,  a  plot  or  draft 
of  the  boundaries  of  said  proposed  change  and  of  the  said 
borough  as  above  described  accompanies  this  petition. 

The  petitioners  further  represent  that  they  reside  Avithin  the 
limits  of  the  said  borough  as  first  above  set  forth  and  of  the 
proposed  change,  that  the  whole  of  the  same  contains  not  more 
than  one  hundred  and  thirty  freeholders  (or  as  the  case  may 
be),  and  that  the  petitioners  are  a  majority  of  said  freeholders. 

The  petitioners  therefore  pray  the  court  to  cause  this  their 
application  to  be  laid  before  the  Grand  Jury  of  said  county,  and 
if  a  majority  of  said  Grand  Jury  after  a  full  investigation  shall 
certify  to  the  Court  that  the  provisions  of  the  Act  of  Assembly 
in  such  case  made  and  provided  have  been  complied  with  and 
that  it  is  expedient  to  grant  the  prayer  of  the  petitioners,  that 
the  court  will  confirm  the  judgment  of  said  Grand  Jury  and  de- 
cree such  alteration  in  the  limits  of  said  borough  upon  com- 
pliance with  the  several  conditions  required  of  said  act. 

And  they  will,  &c., 

Enoch  Kex,  &c., 

Order  of  Court. 

January  26, 1857.  Upon  the  hearing  of  the  foregoing  petition 
the  Court  order  the  same  to  be  laid  before  the  Grand  Jury. 


5.  Report  of  the  Grand  Jury. 
To  the  Honorable  the  Court  of  Quarter  Sessions  of  the  Peace 
of  the  County  of  Chester,  at  January  Sessions,  A.  D.  1858. 

The  Grand  Jury  of  said  county  certify.  That  after  a  full  in- 
vestigation of  the  case  presented  by  the  annexed  petition  to 
change  the  limits  of  the  Borough  of  Marshalton,  a  majority  of  ' 
said  jury  do  find  that  the  conditions  prescribed  by  the  Act  of 
Assembly  relating  thereto  have  been  complied  with,  and  that 
they  believe  it  is  expedient  to  grant  the  prayer  of  the  peti- 
tioners. 

By  direction  of  a  majority  of  the  Grand  Jury. 

Joshua  Jones, 
January  28,  1856.  Foreman. 


BOROUGHS.  91 

Confirmation  and  Decree  of  Court. 

In  the  matter  of  the  application  to  change  the  limits  of  the 
Borough  of  Marshalton. 

April  25,  1856.  The  Court  confirm  the  judgment  of  the 
Grand  Jury,  and  decree  that  the  limits  of  the  Borough  of  Mar- 
shalton be  changed  in  conformity  with  the  prayer  of  the  peti- 
tioners. 


6.  Application  of  an  Incorporated  Borough  to  become  subject  to 
provisions  of  Act  of  April  3,  1851. 

p.  116,  pi.  11.     3  April  1851,  P.  L.  325. 

To  the  Honorable  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  county. 

The  petition  of  the  Borough  of  Green  Hill  in  said  county, 
respectfully  represents : 

That  the  said  Borough  of  Green  Hill  was  incorporated  by  an 
Act  of  Assembly  of  this  Commonwealth,  passed  the  tenth  day 
of  February,  A.  D.  one  thousand  eight  hundred  and  fifty ;  that 
the  following  is  a  particular  description  of  the  boundaries  of 
said  borough,  viz.  :  beginning,  &c.  (set  out  boundaries),  and  that 
a  plot  or  draft  of  the  same  accompanies  this  petition.  The  pe- 
titioners therefore  pray  said  Court  that  said  borough  may  be 
subject  to  the  restriction  and  possess  the  powers  and  privileges 
conferred  by  an  act  entitled,  "  An  Act  regulating  Boroughs," 
approved  the  third  day  of  April,  A.  D,  one  thousand  eight  hun- 
dred and  fifty-one. 

By  order  of  the  Borough  Council, 

John-  Wallace, 
Chief  Burgess. 
[Corporate  Seal.] 

William  Holt, 
Clerk. 

Chester  county,  ss. 

William  Holt,  being  duly  sworn  says,  that  the  name  "  John 
Wallace"   above-written,  is  the  proper    handwriting  of  John 


92  BOROUGHS. 

Wallace,  the  Chief  Burgess  of  the  Borough  of  Green  Hill,  and 
that  the  name  "William  Holt,"  is  the  proper  handwriting  of 
this  deponent,  who  is  Clerk  of  the  Borough  Council,  that  said 
petition  is  signed  and  sealed  as  aforesaid,  in  pursuance  of  a 
resolution  of  said  Borough  Council,  passed  the  first  day  of  Feb* 
ruary,  A.  D.  one  thousand  eight  hundred  and  fifty-six. 


Sworn  and  subscribed,  Febru- 
ary 8,  A.  D.  1856,  before  the 
undersigned  a  Justice  of  the 
Peace  of  said  county. 
Henry  Fleming,  J.  P. 


William  Holt. 


7.  Remonstrance  against  coming  under  Provisions  of  Act  of 

1851. 

p.  116,  pi.  11.      3  April  1851,  P.  L.  325. 

To  the  Honorable  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  County  of  Chester. 

The  undersigned,  inhabitants  of  the  Borough  of  Green  Hill 
in  said  county,  respectfully  remonstrate  against  the  application 
for  a  decree  making  said  borough  subject  to  the  provisions  of  an 
act  entitled,  "  An  Act  regulating  Boroughs,"  approved  April 
3,  A.  D.  one  thousand  eight  hundred  and  fifty-one,  for  the  fol- 
lowing reasons,  viz.  (set  out  reasons.)  The  petitioners  therefore 
respectfully  pray  the  Court  to  refuse  said  application  and  they 
will,  &c. 

Enoch  Rex, 
April  26,  1856.  Seth  Jones. 

Chester  county,  ss. 

Enoch  Rex  and  Seth  Jones,  being  severally  duly  sworn  say, 
that  the  statements  in  the  foresroino:  remonstrance  are  true  as 
they  verily  believe. 

Sworn  and  subscribed,  April  "j  Enoch  Rex, 

26,  1856,  before  >  Seth  Jones. 

John  Graves,  J.  P.      J 


BOROUGHS.  93 

8.  Refusal  to  subject  Borough  to  Act  of  1851. 

p.  116,  pi.  11.     3  April  1851,  P.  L.  325. 

Decree  of  Court.  And  now,  to  wit,  June  14,  1856,  the  Court 
having  heard  the  application  of  the  Borough  of  Green  Hill  to  be 
made  subject  to  the  provisions  of  the  act  entitled  "An  Act  regu- 
lating Boroughs,"  passed  April  3,  1851,  and  the  remonstrance 
against  the  said  application,  and  having  fully  considered  the 
same,  do  refuse  said  application. 


9.  Confirmation  of  Application  to  become  subject  to  Act  of  1851. 

p.  116,  pi.  11.     3  April  1851,  P.  L.  325. 

And  now,  to  wit.  May  1,  1856,  the  Court  having  heard  the 
application  of  the  Borough  of  Green  Hill  to  be  made  subject 
to  the  provisions  of  the  Act  entitled  "An  Act  regulating 
Boroughs,"  passed  April  3,  a.  d.  1851,  and  the  remonstrance 
against  said  application,  and  having  fully  considered  the  same, 
do  confirm  said  application,  and  it  is  decreed  that  said  Borough 
of  Green  Hill  shall  hereafter  be  subject  to  the  restrictions  and 
shall  possess  the  powers  and  privileges  conferred  by  the  afore- 
said act ;  and  it  is  further  decreed  that  the  provisions  of  the 
former  charter  of  the  said  borough  shall  be  and  they  are  hereby 
annulled,  so  far  as  they  are  in  conflict  with  the  provisions  of 
said  act. 


10.  Complaint  for   taking  Private  Property/  for  the   use  of 

Borough. 

P.  lir,  pi.  31.     P.  121,  pi.  89.     3  April  1851,  320,  326. 

To  the  Honorable  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  county. 

The  petition  and  complaint  of  George  Rigdon  respectfully 
represents : 

That  he  is  the  owner  of  a  lot  of  ground  situate  on  the  south 
side  of  Walnut  street,  fifty  feet  west  from  Main  street,  in  the 


94  BOROUGHS. 

Borough  of  Green  Hill,  in  said  County  of  Chester;  that  he 
has  erected  on  said  lot  a  house  or  building  in  which  he  pursues, 
carries  on  and  has  carried  on  his  business  as  a  butcher  for  the 
space  of  three  years  and  upwards,  and  that  he  has  incurred 
much  expense  in  the  construction  of  said  building  and  appli- 
ances for  the  carrying  on  of  said  business  ;  that  the  burgess  and 
town-council  of  said  borough  did,  on  the  tenth  day  of  January 
last  past,  enact  and  ordain  an  ordinance  declaring  said  business 
of  the  complainant  noxious  and  offensive  to  the  inhabitants  of 
said  borough,  and  prohibiting  this  complainant  from  carrying 
on  the  same. 

The  complainant  denying  that  said  business  is  noxious  and 
offensive  to  the  inhabitants  of  said  borough,  complains  that  he 
has  suffered  and  is  suffering  grievance  in  consequence  of  said 
ordinance,  and  prays  the  Court  to  make  such  determination  and 
order  in  the  premises  as  may  be  just  and  reasonable. 

And  he  will,  &c. 

February  1,  1856.  George  Rigdon. 

Chester  county,  ss. 

George  Rigdon  being  sworn  in  due  form  of  law,  declares  and 
says,  that  the  statements  in  the  foregoing  petition  and  complaint 
are  correct  and*  true  as  he  verily  believes. 

Sworn  and  subscribed,  Feb-"]  George  Rigdon. 

ruary  1,  A.  D.  1856,  before  V 
Henry  Fleming,  J.  P.      J 


11.  Recognisance  on  Complaint  for  Grievance  from  Ordinance. 

P.  121,  pi.  89.     3  April  1S51,  P.  L.  326. 

We,  George  Rigdon,  John  Walker  and  Thomas  Brown, 
acknowledge  ourselves  to  be  indebted  to  the  Boi'ough  of  Green 
Hill  in  the  sum  of  two  hundred  dollars,  to  be  levied  of  our 
goods  and  chattels,  lands  and  tenements  respectively,  if  default 
be  made  in  the  following  condition,  that  is  to  say.  Whereas  the 
said  George  Rigdon  has  this  day  made  complaint  to  the  Court 
of  Quarter  Sessions  of  the  Peace  of  Chester  county,  that  he  has 


BOROUGHS.  95 

suffered  grievance  by  the  enacting  of  an  ordinance  by  the  said 
borough,  on  the  tenth  day  of  January  last,  prohibiting  him  from 
carrying  on  business  as  a  butcher  in  said  borough  : 

Now  the  condition  of  this  recognisance  is  such,  that  if  the 
above  bounden  George  Rigdon,  shall  prosecute  his  said  com- 
plaint with  effect,  and  shall  pay  the  costs  for  which  he  may  be 
liable  in  consequence  of  said  complaint,  then  this  recognisance 
to  be  void  and  of  no  effect,  or  else  to  be  and  remain  in  full  force 
and  virtue. 

George  Rigdon, 
John  Walker, 
Thomas  Brown. 

Taken  and  acknowledged,  February  1,  A.  D.  1856,  before  the 
subscriber,  one  of  the  Judges  of  the  Court  of  Common  Pleas  of 
Chester  county. 

NiMROD  Strickland. 


12.   Complaint  for  Widening  Streets. 

P.  121,  pi.  90.     3  April  1851,  P.  L.  326. 

To  the  Honorable  the  Court  of  Quarter  Sessions  of  the  Peace 
of  Chester  county. 

The  petition  and  complaint  of  George  Rigdon  and  John 
Walker  respectfully  represents : 

That  they  own  and  occupy  adjoining  lots  of  ground  on  the 
south  side  of  Walnut  street,  in  the  Borough  of  Green  Hill  in 
said  county,  on  each  of  which  is  erected  a  dwelling-house  front- 
ing on  said  street ;  that  by  a  regulation  enacted  on  the  sixth  day 
of  January  last  past,  the  burgess  and  town-council  have  directed 
that  the  said  Walnut  street  shall  be  widened  to  additional  width 
of  twenty  feet ;  that  if  the  said  street  shall  be  opened  to  such 
additional  width,  the  complainants  will  be  much  aggrieved,  inas- 
much as  thereby  part  of  the  steps  of  their  dwelling-houses  will 
necessarily  be  taken  away,  and  the  said  street  will  be  brought 
inconveniently  near  to  said  houses.  That  the  said  street  is 
already  of  the  width  of  forty  feet,  and  no  public  necessity  or 


96  COLLATERAL    INHERITANCE   TAX. 

convenience  requires  that  it  should  be  increased  to  the  above 
stated  width. 

The  complainants  therefore  praj  the  Court  to  take  such  order 
as  may  be  just  and  reasonable  in  the  premises. 

And  they  will,  &c. 

George  Rigdon, 
John  Walker. 

Chester  county,  ss. 

George  Rigdon  and  John  Walker  being  duly  sworn  say,  that 
the  statements  in  the  foregoing  complaint  are  true  as  they  verily 
believe. 

Sworn  and  subscribed,  Feb-  \  George  Rigdon, 

ruary,  a.  d.  1856,  before  >  John  Walker. 

H.  Fleming,  J.  P.      J 


COLLATERAL  INHERITANCE  TAX. 

1.  Petition  to  Apportion. 

P.  150,  pi.  10, 12.     24  February  1S34,  P.  L.  84,  85. 

To  the  Honorable  the  Judges  of  the  Orphans'  Court  of 
Chester  county. 

The  petition  of  John  Gregg,  executor  of  the  last  will  and 
testament  of  George  Wills,  late  of  the  Township  of  Penn  in 
said  county,  deceased,  respectfully  represents  : 

That  the  said  George  Wills  died  in  the  month  of  May  last, 
and  by  his  last  will  and  testament,  dated  the  tenth  day  of  Janu- 
ary in  the  present  year,  and  proved  the  fourth  day  of  May 
aforesaid,  bequeathed  to  James  Wills  during  his  life  and  after 
his  death  to  John  Ryan  absolutely,  a  carriage ;  that  the  said 
carriage  has  been  appraised  according  to  law,  at  the  sum  of  two 
hundred  dollars.  The  petitioner  therefore  prays  the  Court  to 
make  an  apportionment  between  the  said  James  Wills  and  John 
Ryan  of  the  sum  to  be  paid  into  the  petitioner's  hands  for  the  use 
of  the  Commonwealth,  for  the  collateral  inheritance  tax  on  said 


COLLATERAL   INHERITANCE   TAX.  97 

bequest,  and  to  take  such  further  order  relative  thereto  as  equity 
shall  require. 

And  he  will,  &c. 

John  Gregg. 
May  10,  1856. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


2.  Appointment  of  Appraiser. 

p.  151,  pi.  21,  22.     10  April  1849,  P.  L.  571.     11  March  1850,  P.  L.  170. 

In  the  Estate  of  George  Wills  of  the  Township  of  Penn,  in 
the  County  of  Chester,  deceased. 

Chester  county,  ss. 

Jesse  John,  Register  of  Wills  in  and  for  said  county.  To 
Enoch  Brown :  Greeting. 

You  are  hereby  appointed  appraiser  of  the  estate  of  George 
Wills,  late  of  the  Township  of  Penn,  in  said  county,  deceased, 
and  are  required,  after  having  been  duly  sworn  or  affirmed,  to 
put  a  fair  valuation  upon  the  real  estate  of  said  decedent ;  to 
make  a  fair  and  conscionable  appraisement  of  his  personal  es- 
tate ;  and  to  fix  the  cash  value  at  the  time  of  making  said  appraise- 
ment of  all  annuities  and  life  estates  growing  out  of  said  estate. 

Witness  my  hand  and  the  seal  of  said  Register's  office  at 
West  Chester,  the  fourth  day  of  May,  a.  d.  one  thousand 
eight  hundred  and  fifty-six. 

Jesse  John, 
[Seal.]  Register. 

Chester  county,  ss. 

Enoch  Brown,  the  above-named  appraiser,  being  duly  sworn 
says,  that  he  will  well  and  truly,  and  without  prejudice  or  par- 
tiality, value  and  appraise  the  estate  of  the  said  George  Wills 
as  above  directed,  and  will  in  all  respects  perform  his  duty  as 
appraiser  under  the  foregoing  appointment,  to  the  best  of  his 
skill  and  judgment. 

Sworn  and  subscribed  May  ^  Enoch  Brown. 

4,  A.  D.  1856,  before  > 
Jesse  John,  Register.  J 
7 


98  COLLATERAL  INHERITANCE   TAX. 

3.  Notice  to  Executor  of  making  Appraisement. 

p.  151,  pi,  21.    Note  (c). 

To  Jolin  Gregg,  Executor,  &c.,  of  George  Wills,  late  of  the 
Township  of  Penn,  in  the  County  of  Chester,  deceased. 

Please  to  take  notice  that  the  undersigned,  appointed  ap- 
praiser of  the  estate  of  said  decedent,  subject  to  collateral  in- 
heritance tax,  will  make  an  appraisement  of  the  same  at  the 
late  residence  of  the  decedent,  on  the  sixteenth  day  of  May 
instant,  (a) 

Enoch  Brown, 

May  5,  1856.  Appraiser. 


4.   Citation  to  file  Account. 

p.  151,  pi.  23.      23  March  1841,  P.  L.  99. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  John  Gregg,  Execu- 
tor of  the  last  will  and  testament  of  George  Wills,  late  of  the 
Township  of  Penn,  in  said  county,  deceased :  Greeting. 

Whereas  it  appears  from  the  records  in  the  office  of  the 
Register  of  Wills  of  said  County  of  Chester,  that  letters  testa- 
mentary on  the  estate  of  the  said  George  Wills  were  granted  to 
you,  the  said  John  Gregg,  on  the  fourth  day  of  May,  A.  D.  one 
thousand  eight  hundred  and  fifty-six,  that  the  estate  of  said 
decedent  is  subject  to  collateral  inheritance  tax,  that  you 
have  neglected  and  omitted  to  file  an  account  of  your  adminis- 
tration of  said  estate,  and  that  more  than  one  year  from  the 
grant  of  said  letters  has  elapsed.  These  are  therefore  to  com- 
mand you  to  file  and  settle  in  said  office  said  account  on  or 
before  the  twelfth  day  of  July  next.     Herein  fail  not. 

Witness  my  hand  and  the  seal  of  said  Register's  office  at 

West  Chester,  the  thirtieth  day  of  June,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  fifty-seven. 

Jesse  John, 

Register. 
[Seal.] 

(a)   Coxe^s  Appeal,  Register's  Court  of  Philadelphia,  2  February  1854,  Ms. 


COLLATERAL   INHERITANCE   TAX.  99 

5.  Service  of  Citation. 

Chester  county,  »s. 

Job  Watts,  Sheriff  of  the  county  of  Chester,  being  duly 
sworn  says,  that  he  served  this  citation  on  John  Gregg  therein 
named,  by  giving  him  a  copy  thereof  personally  on  the  second 
day  of  July  instant. 

Sworn  and  subscribed,  July  ^  Job  Watts. 

3,  1857,  before  V 

Jesse  John,  Register,    j 


6.  Application  to  the  Orphans'  Court  on  failure  to  Obey. 

p.  151,  pi.  24.     23  March  1841,  P.  L.  99. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County,  Jesse  John,  Register  of  Wills  of  said  county, 
respectfully  represents ; 

That  on  the  fourth  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-six,  letters  testamentary  on 
the  estate  of  George  Wills,  late  of  the  Township  of  Penn  in 
said  county,  deceased,  were  duly  granted  to  John  Gregg ;  that 
the  estate  of  said  decedent  is  subject  to  the  collateral  inherit- 
ance tax;  that  the  said  John  Gregg  having  neglected  and 
omitted  to  file  an  account  of  his  administration  of  said  estate 
for  more  than  the  space  of  one  year  from  the  grant  of  said  letters 
testamentary,  a  citation  was  on  the  thirtieth  day  of  June  last 
issued  to  the  said  John  Gregg,  commanding  him  to  file  and  settle 
such  account  on  or  before  the  twelfth  day  of  July  then  next, 
which  citation  was  duly  served  on  the  said  John  Gregg  on  the 
second  of  the  same  July,  as  will  appear  by  the  said  citation  and 
proof  of  service  thereof  hereto  annexed.  The  said  Register  fur- 
ther representing  that  the  said  John  Gregg  has  failed  to  obey  the 
said  citation,  applies  to  the  said  court  to  make  such  orders  as  may 


100  COLLATERAL    INHERITANCE    TAX. 

be  necessary  to  enforce  obedience  by  the  said  John  Gregg  to  tbe 

same. 

Jesse  John, 

Register. 

[Seal.]  August  2,  1857. 


7.   Citation  where  Tax  has  not  been  paid  over. 

p.  151,  pL  25.     10  April  1849,  P.  L.  572. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  John  Wills,  Heir  at 
Law  of  George  Wills,  late  of  the  township  of  Penn,  in  said 
county,  and  John  Gregg,  Executor,  &c.,  of  said  decedent ; 
Greeting. 

Whereas  the  said  George  Wills  died  in  or  about  the  month 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-six,  intestate  and  seised  in  his  demesne  as  of  fee  of 
and  in  a  certain  messuage  and  tract  of  land  in  said  township, 
bounded  by  lands  of  John  Gregg,  John  Ryan  and  others,  con- 
taining about  one  hundred  acres  more  or  less,  with  the  apperte- 
nances,  and  whereas  the  said  real  estate  has  been  valued  accord- 
ing to  law  at  the  sum  of  ten  thousand  dollars,  and  is  subject  to 
a  collateral  inheritance  tax  amounting  to  five  hundred  dollars  ; 
and  whereas  the  said  George  Wills  has  been  dead  more  than  one 
year,  and  the  said  Register  has  discovered  that  said  collateral 
inheritance  tax  has  not  been  paid  over  according  to  law.  These 
are  therefore  to  command  you,  the  said  John  Wills  and  John 
Gregg,  to  appear  before  the  said  Register,  at  his  office  in  the 
borough  of  West  Chester,  on  the  fifth  day  of  July  next,  at  ten 
o'clock  in  the  forenoon  of  said  day,  then  and  there  to  show  cause 
why  the  said  tax  should  not  be  paid. 

Witness  my  hand  and  the  seal  of  said  Register's  office,  at 
West  Chester,  the  twentieth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-seven. 

Jesse  John, 

[Seal.]  Register. 


CONSTABLES.  101 


CONSTABLES. 

1.  Bond  of  Constable. 

P.  182,  pi.  3,  4,  8.     15  April  1834,  P.  L.  556. 

Know  all  men  by  these  presents,  that  we,  Job  Watts  and 
Enoch  Brown,  both  of  the  township  of  Penn,  in  the  County  of 
Chester,  are  held  and  firmly  bound  to  the  Commonwealth  of 
Pennsylvania  in  the  sum  of  one  thousand  dollars,  to  be  paid  to 
the  said  Commonwealth,  her  certain  attorney  or  assigns,  to 
which  payment  well  and  truly  to  be  made,  we  do  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents.  Sealed  with  our  seals,  dated  the 
fourth  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-six. 

Whereas,  the  said  Job  Watts  having  been  duly  elected  con- 
stable of  the  aforesaid  township  of  Penn,  and  having  this  day 
appeared  before  the  Court  of  Quarter  Sessions  of  the  Peace  of 
said  county  and  accepted  said  oflSce,  the  said  Court  has  ap- 
pointed him  constable  of  said  township  of  Penn  for  one  year 
from  this  day  and  until  a  successor  shall  be  duly  appointed : 

Now  the  condition  of  this  obligation  is  such,  That  if  the  said 
Job  Watts  shall  justly  and  faithfully  discharge  the  duties  of 
his  office  as  constable  aforesaid,  then  this  obligation  shall  be 
void  and  of  none  efi'ect,  otherwise  shall  be  and  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  in  the  x  Job  Watts,        [l.  s.] 

presence  of  (  Enoch  Brown,  [l.  s.] 

John  Doe,  f 

Richard  Roe. 

Approval  Endorsed. 

May  ],  1856.  The  within  bond  of  Job  Watts,  with  Enoch 
Brown  as  surety  in  the  penalty  of  one  thousand  dollars,  is 
approved.  By  the  Court. 


102  CONSTABLES. 


2.  Deputation. 

Pp.  182,  183,  pi.  12,  13.     15  April  1834,  P.  L.  557. 

Know  all  men  by  these  presents,  that  I,  Job  Watts,  constable 
of  the  township  of  Penn,  in  the  County  of  Chester,  by  these 
presents  and  with  the  approbation  of  the  Court  of  Quarter  Ses- 
sions of  said  county,  have  and  do  appoint  Enoch  Brown  of  the 
same  township  to  be  my  deputy,  to  execute  all  process  and  to 
do  and  perform,  during  the  period  for  which  I  have  been  ap- 
pointed constable,  all  other  acts  and  duties  which  appertain  to 
the  office  of  constable  within  said  township,  and  which  I  am 
authorized  to  do  or  could  do  as  constable  aforesaid.  Witness 
my  hand  and  seal  this  first  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-six. 

Sealed  and  delivered  in  the  ,^  Job  Watts,  [l.  s.] 

presence  of  I 

John  Doe,  ( 

Richard  Roe.      ^ 
May  1,  1856.    The  Court  approve  the  appointment  of  Enoch 
Brown  as  deputy  of  Job  Watts,  constable  of  the  township  of 
Penn,  under  the  foregoing  deputation. 

By  the  Court, 

Abel  Robb,  Clerk. 


3.  Petition  of  Surety  to  Inquire  into  Conduct  of  Constable. 

p.  183,  pi.  14.     27  May  1841,  P.  L.  403. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter 
Sessions  of  the  Peace  of  the  County  of  Chester. 

The  petition  of  Enoch  Brown  respectfully  represents,  That 
on  the  first  day  of  May  last,  John  Watt  was  duly  appointed  by 
this  Court  constable  of  the  township  of  Penn,  in  said  county,  for 
the  term  of  one  year,  and  that  your  petitioner  became  surety 
for  the  just  and  faithful  discharge,  by  the  said  John  Watt,  of 
his  duties  as  constable  aforesaid ;  the  petitioner  further  repre- 


CONSTABLES.  103 

Bents,  that  the  said  John  "Watt  has  fallen  into  habits  of  intem- 
perance and  has  neglected  his  duty  (set  out  the  specific  act  or 
acts),  and  is  therefore  unfit  and  incompetent  to  discharge  his 
oflScial  duties.  The  petitioner  therefore  prays  the  Court  to 
make  such  order  in  the  premises  as  is  directed  by  the  Act  of 
Assembly  in  such  case  made  and  provided. 

And  he  will,  &c. 

Enoch  Brown. 

Chester  county,  ss. 

Enoch  Brown,  the  foregoing  petitioner,  being  duly  sworn 
says,  that  the  statements  in  the  foregoing  petition  are  true  as 
he  verily  believes. 

Sworn  and   subscribed,  the" 


fourth  day  of  May,  A.  D. 
1856,  before 

Henry  Fleming, 
Justice  of  the  Peace  of  said 
county. 


Enoch  Brown. 


4.  Decree  of  Court  on  Complaint  of  Surety. 

p.  183,  pi.  14.     27  May  1841,  7  P.  L.  403. 

And  now  June  10,  1856,  the  Court  having  heard  and  duly 
considered  the  complaint  of  the  said  Enoch  Brown  and  the 
answer  of  the  said  John  Watt,  and  inquired  into  the  ofiicial 
conduct  of  the  said  John  Watt  as  constable  of  the  township  of 
Penn,  and  being  satisfied  that  from  habits  of  intemperance  and 
neglect  of  duty,  as  set  forth  in  said  complaint,  the  said  John 
Watt  is  incompetent  to  discharge  his  official  duties  as  such 
constable,  do  decide  that  the  said  John  Watt  be  removed  from 
his  said  office  of  constable  of  the  township  of  Penn,  unless  the 
said  John  Watt  shall  within  ten  days  give  additional  security 
in  the  sum  of  one  thousand  dollars,  with  one  or  more  sureties, 
to  be  approved  by  the  Court,  for  the  just  and  faithful  discharge 
of  the  duties  of  his  oflBce. 


104  CONSTABLES. 


5.  Petition  to  require  Freeholder  to  give  Security. 

p.  183,  pi.  14.    27  May  1841,  P.  L.  403. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter 
Sessions  of  the  Peace  of  the  County  of  Chester. 

The  petition  of  John  Ryan  of  the  township  of  Penn  in  said 
county,  respectfully  represents.  That  John  Watt  having  been 
duly  elected,  was  on  the  fourth  day  of  May  last  appointed  by 
this  Court  constable  of  said  township  for  the  term  of  one  year, 
and  did  not  give  security  for  the  just  and  faithful  discharge  of 
his  duties ;  that  the  said  John  Watt  has  so  neglected  his  duties 
(specify  the  facts),  and  the  situation  of'  his  estate  is  such  by 
reason  of  liens  and  other  debts,  as  to  render  it  unsafe  to  intrust 
him  with  the  execution  of  official  duties.  The  petitioner  there- 
fore prays  the  Court  to  require  said  John  Watt  to  give  security 
as  is  required  by  law  of  constables  who  have  not  such  estate  as 
exempts  them  from  giving  security,  and  to  do  such  other  mat- 
ters and  things  in  the  premises  as  is  directed  by  the  Act  of 
Assembly  in  such  case  made  and  provided.     And  he  will,  &c. 

John  Ryan. 

Chester  county,  ss. 

John  Ryan  being  duly  sworn  says,  that  the  statements  in 
the  foregoing  petition  are  true  as  he  verily  believes. 

Sworn  and  subscribed,  August  1,  "j  John  Ryan. 

A.  D.  1856,  before  > 

John  Graves,  J.  P.      J 


6.  Decree  for  Security. 

p.  183,  pi.  14.     27  May  1841,  P.  L.  403. 

And  now,  September  10,  1856,  The  Court  having  heard  and 
fully  considered  the  complaint  of  John  Ryan,  and  the  answer 
of  the  said  John  Watt,  and  being  satisfied  that  the  said  John 
Watt  has  so  neglected  his  business  and  that  the  situation  of  his 
estate  is  such  as  to  render  it  unsafe  to  intrust  him  with  the 


CONTRACT  OF  DECEDENT.  105 

execution  of  official  duties,  do  require  the  said  John  Watt 
within  ten  days  to  give  bond  to  the  Commonwealth  in  the  pen- 
alty of  one  thousand  dollars,  with  at  least  one  sufficient  surety 
to  be  approved  by  the  Court,  conditioned  for  the  just  and  faith- 
ful discharge  of  the  duties  of  his  office. 


7.  Decree  for  Removal. 

p.  183,  pi.  14.     27  May  1841,  P.  L.  403. 

And  now,  September  21,  1856,  it  appearing  to  the  Court 
that  John  Watt,  constable  of  the  Township  of  Penn,  has  made 
default  in  giving  security  according  to  the  order  of  this  Court, 
it  is  decreed  that  the  said  John  Watt  be  removed  from  the 
office  of  constable  aforesaid. 

By  the  Court. 


8.  Demand  for  Perusal  of  Warrant. 

p.  187,  pi.  38.     21  March  1772,  1  Sm.  L.  365. 

To  John  Watt,  constable  of  the  Township  of  Penn  in  the 
County  of  Chester. 

I  hereby  demand  of  you  a  perusal  and  copy,  duly  certified 
under  your  hand,  of  the  warrant  under  which  you  arrested  and 
held  me  in  custody  on  the  tenth  day  of  May  last. 

Enoch  Brown, 

June  1,  1856. 


CONTRACT   OF   DECEDENT. 

1.  Petition  to  he  Alloived  to  Prove  in  the  Common  Pleas. 

P.  189,  pi.  1.     31  March  1792,  3  Sm.  L.  66. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County. 


106  CONTRACT  OF  DECEDENT. 

The  petition  of  John  Ryan,  respectfully  represents :  That 
John  Gregg,  late  of  the  Township  of  Penn  in  said  county,  in 
his  lifetime,  to  wit,  on  the  sixth  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-five,  by  a  con- 
tract in  writing,  herewith  exhibited  to  the  Court,  bearing  date  on 
the  day  above  mentioned,  covenanted,  agreed,  promised  and 
bound  himself  to  convey  to  the  petitioner  by  good  and  sufficient 
deed  in  fee  simple  on  the  first  day  of  April  next  ensuing  the 
date  of  said  contract,  a  certain  messuage  and  tract  of  land  situ- 
ate in  the  said  Township  of  Penn,  bounded  by  lands  of  Enoch 
Brown,  George  Biles  and  others,  and  containing  fifty  acres 
more  or  less  with  the  appertenances,  the  petitioner  agreeing  to 
pay  therefor  the  sum  of  five  thousand  dollars,  as  follows,  viz.  : 
one  thousand  on  the  execution  and  delivery  of  said  contract, 
and  the  remaining  four  thousand  dollars  upon  the  execution  and 
delivery  of  said  deed,  as  will  more  fully  and  at  large  appear 
by  said  contract  herewith  presented :  That  the  petitioner  paid 
the  said  John  Gregg  the  said  sum  of  one  thousand  dollars  in 
pursuance  of  said  contract,  but  that  the  said  John  Gregg  died 
in  the  month  of  March  last  past,  leaving  to  survive  him  his 
widow,  Sarah  Gregg  and  one  child,  viz.  James  Gregg,  not 
having  complied  with  the  said  contract,  and  having  made  no 
sufficient  provision  for  the  performance  thereof  in  his  lifetime  : 
having  made  his  last  will  and  testament,  of  which  he  ap- 
pointed George  Wills  the  Executor,  who  has  duly  proved  the 
same  and  taken  upon  himself  the  burthen  of  the  execution 
thereof.  The  petitioner  therefore  prays  that  he  may  be  per- 
mitted to  prove  said  contract  in  this  Court,  in  accordance  with 
the  provisions  of  the  Act  of  Assembly  in  such  case  made  and 
provided.     And  he  will,  &c. 

John  Ryan.     . 

April  10,  1856.(a) 

Chester  county,  ss. 

John  Ryan  the  above  petitioner,  being  duly  sworn  says,  that 

(a)  Atkijis  V.  Young,  2  Jones  23,  24. 


CONTKACT  OF  DECEDENT.  107 


John  Ryan. 


the  statements  in  the  foregoing  petition  are  true  as  he  verily 
believes. 

Sworn  and  subscribed,  April  10, 
A.  D.  1856,  before  the  under- 
signed, a  Justice  of  the  Peace. 
Henry  Fleming. 


2.   Order  of   Court  for  Notice  and  Decree  of  Sufficiency  of 

Probate. 


In  the  Estate  of  John 


p.  189,  pi.  1.     31  March  1792,  3  Sm.  L.  66. 

In  the  Court  of  Common  Pleas  of 
Chester  County  : — On  the  peti- 

Gregg,  deceased.  [       tion  of  John  Ryan  to  prove  con- 

J       tract  with  Decedent. 

And  now,  April  10,  1856,  the  petition  of  John  Ryan  being 
read,  the  Court  direct  that  notice  be  given  to  George  Wills, 
Executor,  &c.,  of  John  Gregg  deceased  to  Sarah  Gregg,  widow 
and  James  Gregg,  a  child  of  said  deceased,  at  least  ten  days 
before  the  first  day  of  May  next,  to  come  into  Court  and  show 
cause,  if  any  they  have,  why  the  said  John  Ryan  should  not  be 
permitted  to  prove  the  contract  made  with  the  said  John  Gregg 
in  his  lifetime. 

And  now.  May  1,  1856,  due  proof  having  been  made  of 
the  service  of  notice  heretofore  directed  on  George  Wills,  Sarah 
Gregg  and  James  Gregg,  and  no  cause  being  shown  against 
the  prayer  of  the  petition  of  said  John  Ryan  and  the  Court 
having  heard  and  duly  considered  the  proofs  of  said  contract,  do 
adjudge  the  probate  thereof  to  be  sufficient. 


3.   Certificate  of  Probate. 

P.  189,  pi.  1.     31  March  1792,  3  Sm.  L.  66. 

Chester  county,  ss. 

Be  it  known,  that  at  a  Court  of  Common  Pleas  held  and  kept 
at  West  Chester,  for  the  County  of  Chester,  on  the  first  day  of 


108  CONTRACT  OF  DECEDENT. 

May,  A.  D.  one  thousand  eight  hundred  and  fifty-six,  before  the 
Hon.  Townsend  Haines,  President,  and  his  Associates,  Judges 
present,  upon  the  petition  of  John  Ryan  and  after  due  notice 
to  George  Wills,  Executor,  &c.,  Sarah  Gregg  widow  and 
James  Gregg  only  child  of  John  Gregg,  deceased,  the  Court 
having  heard  and  duly  considered  the  proofs  of  the  annexed 
contract  between  the  said  John  Ryan  and  John  Gregg,  do  ad- 
judge that  the  probate  of  said  contract  is  suflBcient.  Witness 
my  hand  and  the  seal  of  said  Court,  the  second  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-six. 

James  Davis, 

Prothonotary. 
(Seal  of  Court  of  Common  Pleas.) 


4.  Petition  of  Executors  for  leave  to  Execute  Deed. 

p.  189,  pi.  1.      31  March  1792,  3  Sm.  L.  66. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  county. 

The  petition  of  George  Wills,  Executor,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  respect- 
fully represents : 

That  the  said  John  Gregg  in  his  lifetime,  by  a  contract  in 
writing  bearing  date  the  sixth  day  of  December,  A.  D.  one  thou- 
sand eight  hundred  and  fifty-five,  covenanted,  agreed,  promised 
and  bound  himself  to  convey  to  one  John  Ryan,  by  good  and 
sufficient  deed  in  fee  simple,  on  the  first  day  of  April  then  next, 
a  certain  messuage  and  tract  of  land  situate  in  the  said  Town- 
ship of  Penn,  bounded  by  lands  of  Enoch  Brown,  George 
Biles  and  others,  and  containing  fifty  acres  more  or  less,  with 
the  appertenances,  as  is  more  particularly  described  in  said  con- 
tract: the  said  John  Ryan  agreeing  to  pay  therefor  the  sum  of 
five  thousand  dollars  as  follows,  viz.,  one  thousand  dollars  on 
the  execution  and  delivery  of  said  contract,  and  the  remaining 
four  thousand  dollars  upon  the  execution  and  delivery  of  the 
said  deed,  as  by  the  said  contract  will  more  fully  and  at  large 
appear ;  that  the  said  John  Ryan  paid  to  the  said  John  Gregg 


CONTRACT  OF   DECEDENT.  109 

the  said  sum  of  one  thousand  dollars  in  pursuance  of  said  con- 
tract, but  that  the  said  John  Gregg  died  on  the  tenth  day  of 
March  last  past,  not  having  complied  with  said  contract,  and 
having  made  no  sufficient  provision  for  the  performance  thereof 
in  his  lifetime :  having  made  his  last  will  and  testament,  of 
which  he  appointed  the  petitioner  the  Executor,  who  has  duly 
proved  the  same  and  taken  upon  himself  the  burthen  of  the  exe- 
cution thereof. 

The  petitioner  further  represents,  that  upon  the  petition  of 
the  said  John  Ryan,  this  Court  did  on  the  second  day  of  May  last, 
adjudge  the  probate  of  the  said  contract  sufficient,  and  the  same 
has  been  duly  recorded  in  the  office  for  recording  of  deeds  in 
and  for  said  county  according  to  law.  The  petitioner  therefore 
prays  the  Court  to  grant  him  leave  to  make  and  execute  a  deed 
conveying  to  the  said  John  Ryan,  his  heirs  and  assigns,  the  said 
messuage  and  tract  of  land  in  the  said  contract  mentioned,  for 
such  estate  or  estates  and  in  such  manner  and  form  as  the  Court 
shall  judge  to  be  consistent  with  the  true  intent  and  meaning  of 
the  same. 

And  he  will,  &c. 

June  12,  1856.  George  Wills, 

Executor,  &c.,  of  John  Gregg,  deceased. 

Chester  county,  ss. 

George  Wills,  the  above  petitioner,  being  duly  sworn  says,  that 
the  statements  in  the  foregoing  petition  are  true  as  he  verily 
believes. 

Sworn  and  "subscribed,  Junel  George  Wills. 

12,  A.  D.  1856,  before  the 
undersigned,  a  Justice  of 
the  Peace. 

Henry  Fleming. 


5.  Decree  to  make  Deed,  ^c. 

P.  190,  pi.  1.     31  March  1792,  3  Sm.  L.  66. 

And  now,  June  12,  1856,  the  Court  having  considered  the 
prayer  of  the  petition  of  George  Wills,  Executor,  &c.,  of  John 


110  CONTRACT  OF  DECEDENT. 

Gregg  deceased,  and  the  contract  upon  whicli  the  same  is 
founded,  do  adjudge  the  said  contract  to  be  obligatory  between 
the  parties  thereto,  and  do  authorize  and  empower  the  said 
George  Wills,  Executor,  &c.,  of  the  said  John  Gregg  deceased, 
to  make  and  execute  a  deed  conveying  to  the  said  John  Ryan, 
his  heirs  and  assigns,  the  messuage  and  tract  of  land  in  said 
contract  mentioned — he,  the  said  John  Ryan  first  paying  to  the 
Isaid  George  Wills  as  Executor  aforesaid,  the  sum  of  four  thou- 
sand dollars,  the  remaining  part  of  the  purchase-money  still 
payable  by  him  according  to  the  tenor  and  eifect  of  said  con- 
tract. 


6.  Petition  of  Executor  to  make  Probate  of  Contract. 

p.  190,  pi.  2.     31  March  1792,  3  Sm.  L.  C6. 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester. 

The  petition  of  George  Wills,  Executor  of  the  last  will  and 
testament  of  John  Gregg,  late  of  the  Township  of  Penn  in  the 
County  of  Chester,  deceased,  respectfully  represents  : 

That  the  said  John  Gregg  in  his  lifetime,  to  wit,  on  the  sixth 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-five,  by  a  contract  in  writing,  a  counterpart 
whereof  the  petitioner  has  and  herewith  exhibits,  bearing  date  on 
the  day  above  mentioned,  covenanted,  agreed,  promised  and  bound 
himself  to  convey  to  one  John  Ryan  of  the  same  place,  by  good 
and  sufficient  deed  in  fee  simple  on  the  first  day  of  April  then  next, 
a  certain  messuage  and  tract  of  land  situate  in  the  same  township 
of  Penn,  bounded  by  lands  of  Enoch  Brown,  George  Biles  and 
others,  and  containing  fifty  acres  more  or  less,  with  the  apperte- 
nances,  as  is  more  particularly  described  in  said  contract,  the 
said  John  Ryan  by  the  same  contract  agreeing  to  pay  therefor 
the  sum  of  five  thousand  dollars  as  follows,  viz.  :  one  thousand 
dollars  on  the  execution  and  delivery  of  said  contract,  and  the 
remaining  four  thousand  dollars  on  the  execution  and  delivery 
of  the  said  deed,  as  by  the  said  contract  will  more  fully  and  at 
large  appear ;  that  the  said  John  Ryan  paid  to  the  said  John 


CONTKACT  OF  DECEDENT.  Ill 

Gregg  in  his  lifetime,  the  said  sum  of  one  thousand  dollars  in 
pursuance  of  said  contract,  but  that  the  said  John  Gregg  died 
on  the  tenth  day  of  March  last,  without  having  conveyed  the 
said  tract  of  land  to  the  said  John  Ryan,  and  having  made  no 
sufficient  provision  for  the  performance  of  said  contract  in  his 
lifetime : — leaving  to  survive  him  a  widow,  Sarah  Gregg,  and 
one  child,  James  Gregg,  and  having  made  his  last  will  and  tes- 
tament, of  which  he  appointed  the  petitioner  Executor. 

He  therefore  prays  the  Court  that  he  may  be  permitted  to 
prove  said  contract  in  this  Court  in  accordance  with  the  provi- 
sions of  the  Act  of  Assembly  in  such  case  made  and  provided. 

And  he  will,  &c. 

George  Wills, 
Executor,  &c.,  of  John  Gregg,  deceased. 

Chester  county,  ss. 

George  Wills,  the  above  petitioner,  being  sworn  in  due  form 
of  law  declares  and  says,  that  the  statements  in  the  foregoing 
petition  are  true  as  he  verily  believes. 


Sworn   and   subscribed    before " 
the  undersigned,  a  Justice  of 
the   Peace   of    said   county, 
April  10,  A.  D.  1856. 

Henry  Fleming. 


George  Wills. 


7.  Proceedings  to  prove  a  Parol  Contract. 

p.  190,  pi.  6.     10  March  1818,  7  Sm.  L.  79. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County. 

The  petition  of  John  Ryan  respectfully  represents.  That 
John  Gregg,  late  of  the  Township  of  Penn,  in  the  said  County 
of  Chester,  entered  into  a  parol  contract  with  your  petitioner 
on  the  first  day  of  December,  in  the  year  of  our  Lord  one  thou- 


112  CONTRACT  OF  DECEDENT. 

sand  eight  hundred  and  fifty-five,  by  which  he  agreed  to  sell 
and  convey  to  the  petitioner  by  good  and  sufiicient  deed  in  fee 
simple,  on  the  first  day  of  April  then  next  ensuing,  a  certain 
tract  of  land,  bounded  on  the  north  by  lands  of  John  Jones,  on 
the  south  and  east  by  lands  of  George  Wills,  on  the  west  by 
lands  of  Job  Rea  and  the  road  leading  from  West  Chester  to 
Oxford,  and  containing  twenty  acres  more  or  less,  with  the  ap- 
pertenances ;  in  consideration  whereof  the  petitioner  agreed  to 
pay  to  the  said  John  Gregg  the  sum  of  two  thousand  dollars, 
in  manner  following,  that  is  to  say  :  Five  hundred  dollars  on  the 
first  day  of  January  then  next,  and  the  remaining  fifteen  hun- 
dred dollars  when  the  said  deed  should  be  delivered ;  and  it  was 
further  agreed  that  the  petitioner  should  enter  into  possession 
of  said  tract  of  land  upon  the  payment  of  the  said  sum  of  five 
hundred  dollars.  The  petitioner  further  represents  that  he 
paid  the  said  sum  of  five  hundred  dollars  to  the  said  John 
Gregg  on  the  said  first  day  of  January,  and  on  said  day,  and  in 
the  lifetime  of  the  said  John  Gregg,  entered  into  possession  of 
the  said  tract  of  land  in  pursuance  of  the  said  contract.  The 
petitioner  further  represents,  that  since  paying  the  said  sum 
of  money  and  entering  into  possession  of  said  land  as  afore- 
said, he  has  erected  a  large  stone  barn  upon  the  same,  and 
has  repaired  and  rebuilt  the  fences ;  that  he  has  also  spread 
on  said  land  five  hundred  bushels  of  lime,  and  ploughed  and 
prepared  ten  acres  thereof  for  planting  corn  therein ;  and  that 
by  reason  of  the  premises  the  said  contract  has  been  so  far  in 
part  executed  as  to  render  it  unjust  to  rescind  the  same. 

The  petitioner  further  represents,  that  the  said  John  Gregg 
died  on  or  about  the  first  day  of  March  last  past,  having  made 
his  last  will  and  testament  in  writing,  of  which  he  appointed 
George  Wills  the  Executor,  and  leaving  to  survive  him  a  widow, 
Sarah  Gregg,  and  one  child,  James  Gregg ;  but  that  he, did  not 
in  his  lifetime  comply  with  said  contract,  nor  does  there  appear 
to  have  been  any  sufficient  provision  made  by  him  in  his  life- 
tinie  for  the  performance  of  the  same.  The  petitioner  therefore 
prays  the  Court  to  appoint  a  day  certain,  for  the  examina- 
tion of  witnesses  in  support  of  said  contract,  and  grant  the 
petitioner  such  relief  as  the  Court  may  deem  he  is  in  equity 


CONTRACT  OF  DECEDENT.  113 

entitled  to,  in  accordance  with  the  Act  of  Assembly,  in  such 
case  made  and  provided. 

And  he  will,  &c. 

John  Ryan. 
(Affidavit  of  the  truth  of  petition  to  be  appended.) 


8.  Petition  for  Specific  Execution  in  the  Orphans'  Court,  and 
Order  for  Notice. 

P.  191,  pi.  10.    -24  February,  1834,  P.  L.  75. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County ; 

The  petition  of  John  Ryan,  of  said  county,  respectfully  re- 
presents. That  John  Gregg,  late  of  the  Township  of  Penn,  in 
said  county,  in  his  lifetime,  to  wit,  on  the  first  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-five,  by  a  contract  in  writing,  bearing  date  on  the  day 
last  mentioned,  bound  himself  to  sell  and  convey  to  the  pe- 
titioner by  good  and  sufficient  deed  in  fee  simple,  on  the  first 
day  of  April  then  next,  a  certain  messuage  and  tract  of 
land  situate  in  said  Township  of  Penn,  bounded  by  lands  of 
George  Jones,  Job  Ralston  and  others,  and  containing  fifty 
acres  more  or  less,  with  the  appertenances,  the  petitioner  by 
the  same  contract  agreeing  to  pay  in  consideration  thereof 
the  sum  of  five  thousand  dollars,  as  follows,  viz.  :  One  thousand 
dollars  at  and  upon  the  execution  of  said  contract  and  the  re- 
maining four  thousand  dollars  upon  the  delivery  of  the  said 
deed,  as  by  the  said  contract  herewith  presented  to  the  Court, 
will  more  fully  and  at  large  appear.  The  petitioner  further 
represents  that  he  did,  at  and  upon  the  execution  of  said  con- 
tract, pay  to  the  said  John  Gregg,  the  said  sum  of  one  thousand 
dollars,  but  that  the  said  John  Gregg  died  on  the  first  day  of 
March  thereafter,  seised  and  possessed  of  the  said  messuage 
and  tract  of  land,  without  having  made  any  sufficient  provision 
for  the  performance  of  said  contract,  but  having  made  his  last 
will  and  testament,  bearing  date  the  first  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five, 
whereby  he  devised  the  said  real  estate  to  his  sons,  Thomas  Gregg 
8 


114  CONTRACT  OF  DECEDENT. 

and  James  Gregg,  in  fee ;  and  of  his  said  will  appointed  George 
Wills  the  Executor,  who  has  duly  proved  the  same  and  taken 
upon  himself  the  hurthen  of  the  execution  thereof.  The  peti- 
tioner further  represents  that  he  is  willing  and  hereby  offers  to 
perform  the  said  contract  on  his  part. (a)  He  therefore  prays 
the  Court  to  make  a  decree  for  the  specific  performance  of  said 
contract,  according  to  the  true  intent  and  meaning  thereof. 

And  he  will,  &c. 

John  Ryan. 
(Affidavit  of  truth  of  petition  to  be  appended.) 

In  the  Orphans'  Court  of  Chester 
In  the  Estate  of  John  !       County. 

Gregg,  deceased.        [  On  petition  of  John  Ryan  for  Spe- 
j       cific  Execution,  &c. 

p.  191,  pi.  10.    24  February  1834,  P.  L.  75.  - 

And  now,  April  10,  1859,  Upon  the  hearing  of  the  foregoing 
petition,  the  Court  direct  a  citation  to  issue  to  George  Wills, 
Executor  of  the  last  will  and  testament  of  John  Gregg,  deceased, 
and  to  Thomas  Gregg  and  James  Gregg,  devisees  in  said  will, 
to  appear  in  this  Court  on  the  26th  day  of  April,  instant,  to 
answer  said  petition  and  show  cause,  if  any  they  have,  why  a 
decree  should  not  be  made  for  the  specific  performance  of  the 
contract  in  said  petition  mentioned,  according  to  the  true  intent 
and  meaninor  thereof. 


9.  Decree. 

Pp.  191,  192,  pi.  10,13.     24  February  J834,  P.  L.  75. 

And  now,  April  26,  1859.  It  appearing  to  the  Court  here 
that  due  notice  of  the  petition  of  John  Ryan  has  been  given  to 
George  Wills,  Executor,  &c.,  of  John  Gregg,  deceased,  and  to 
Thomas  Gregg  and  James  Gregg,  devisees  under  said  will,  and 
that  service  of  the  citation  heretofore  directed  to  the  said  exe- 
cutor and  devisees  has  been  duly  made,  and  the  Court,  having 
fully  considered  the  said  petition  and  the  facts  proved  in  sup- 

(a)    Chesses  Appeal,  4  Barr  55. 


CONTRACT  OF  DECEDENT.  115 

port  of  the  same  and  no  sufficient  cause  being  shown  to  the 
contrary,  do  adjudge  said  facts  to  be  sufficient  in  equity  and 
order,  and  decree  that  the  said  contract  be  specifically  per- 
formed, according  to  the  true  intent  and  meaning  thereof;  and 
the  Court  do  further  decree  that,  upon  the  payment  by  the  said 
John  Ryan  to  the  said  George  Wills,  executor  aforesaid,  of 
the  sum  of  four  thousand  dollars,  being  the  remainder  of  the 
purchase-money  payable  according  to  the  terms  of  said  con- 
tract, the  said  executor  do  execute  to  the  said  John  Ryan,  a 
good  and  sufficient  deed,  conveying  to  him  in  fee  simple  the 
messuage  and  tract  of  land  in  the  said  contract  mentioned,  in 
conformity  with  the  intention  of  the  same. 

Parol  Contract. 

The  petition  for  the  specific  execution  of  parol  contract  is  to 
be  similar  to  that  in  the  Common  Pleas,  and  the  proceedings  in 
the  Orphans'  Court  the  same  as  the  preceding. 


10.  Deceased  Tenant  in  Common. 

p.  192,  pi.  15.     8  February  1848,  P.  L.  27. 

To  the  Honorable  the  Judges  of  the  Orphans'  Court  of 
Chester  county : 

The  petition  of  George  Wills,  executor,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn  in  the  said  county,  deceased, 
respectfully  represents :  That  the  said  John  Gregg  and  James 
Gregg,  being  the  owners  in  common  in  fee  of  a  certain  mes- 
suage and  tract  of  land  situate  in  the  said  Township  of  Penn, 
bounded  by  lands  of  George  Jones,  Job  Ralston,  and  others, 
and  containing  fifty  acres,  be  the  same  more  or  less,  with  the 
appertenances,  entered  into  a  contract  in  writing,  dated  the 
first  day  of  October,  A.  d.  one  thousand  eight  hundred  and  fifty, 
with  one  John  Ryan,  to  sell  said  messuage  and  tract  of  land  to 
him,  he,  the  said  John  Ryan,  agreeing  to  pay  therefor  the 
sum  of  five  thousand  dollars,  as  follows,  viz.,  one  thousand  dol- 
lars thereof  on  the  execution  and  delivery  of  said  contract 
and  the  remaining  four  thousand  dollars  on  the  first  day  of 


116  CONTRACT  OF  DECEDENT. 

April  then  next ;  tliat  the  said  John  Ryan  paid  the  said  sum  of 
one  thousand  dollars  in  pursuance  of  said  contract,  and  that  the 
said  John  Gregg  died  on  the  first  day  of  December  last  without 
having  made  provision  by  will  or  otherwise  for  perfecting  the 
title  of  the  said  John  Ryan  to  said  messuage  and  tract  of  land, 
but  having  made  a  will  by  which  he  appointed  the  petitioner 
the  executor,  who  having  proved  the  said  will,  has  taken  upon 
himself  the  burthen  of  the  execution  thereof;  the  petitioner 
further  represents  that  the  said  James  Gregg,  the  surviving 
vendor,  is  desirous  to  perfect  the  title  aforesaid  to  the  said  John 
Ryan,  who  is  willing  to  perform  his  part  of  the  terms  of  the 
same,  and  the  petitioner  upon  the  performance  by  the  said 
John  Ryan  of  his  stipulations  in  said  contract  to  the  satisfac- 
tion of  the  petitioner,  is  about  to  execute  a  deed  to  the  said 
John  Ryan,  with  clause  of  special  warranty,  for  the  share  of 
the  said  John  Gregg  in  said  messuage  and  tract  of  land,  and 
that  the  share  of  the  said  John  Gregg,  deceased,  in  the  unpaid 
part  of  said  purchase-money  is  two  thousand  dollars. 

The  petitioner  therefore  prays  that  he  may  be  allowed  to 
give  bond  in  such  sum  as  the  Court  may  judge  proper,  with 
security  to  be  approved  by  the  Court  or  by  a  judge  thereof, 
conditioned  for  the  faithful  application  according  to  law  of  all 
the  moneys  that  may  be  received  by  him  by  virtue  of  the  pro- 
visions of  this  Act. 

And  he  will,  &c. 

George  Wills, 

Executor. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


11.  Bond  of  Executor  Conveying  Lands  of  Tenant  in  Common. 

p.  192,  pi.  15.     8  February  1848,  P.  L.  27. 

Know  all  men  by  these  presents,  that  we,  George  "Wills, 
Executor,  &c.,  of  John  Gregg,  late  of  the  Township  of  Penn  in 
the  County  of  Chester  and  State  of  Pennsylvania,  deceased, 
Charles  Rex  and  Enoch  Biles,  both  of  said  county,  are  held  and 
firmly  bound  to  the  Commonwealth  of  Pennsylvania  in  the  sum 


CORPORATIONS.  117 

of  four  thousand  dollars,  lawful  money  of  the  United  States,  to 
be  paid  to  the  said  Commonwealth,  her  certain  attorney  and 
assigns,  to  which  payment  well  and  truly  to  be  made  we  do 
bind  ourselves  jointly  and  severally,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents.  Sealed  with  our  seals, 
dated  the  first  day  of  April,  a.  d.  one  thousand  eight  hundred 
and  fifty-one. 

Whereas  the  said  George  Wills,  executor  aforesaid,  in  pursu- 
ance of  the  act  to  enable  executors  and  administrators  of  dece- 
dents to  perfect  title  to  real  estate  in  certain  cases,  approved 
the  eighth  day  of  February,  IS'IS,  is  about  to  receive  from 
John  Ryan  the  sum  of  two  thousand  dollars,  being  the  said 
John  Gregg's  share  of  the  unpaid  purchase-money  of  a  certain 
messuage  and  tract  of  land  heretofore  owned  in  common  by 
the  said  John  Gregg  and  James  Gregg,  which  the  said  owners 
contracted  in  the  lifetime  of  the  said  John  Gregg  to  sell  to  the 
said  John  Ryan ; 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
George  Wills,  executor  aforesaid,  shall  faithfully  apply  accord- 
ing to  law,  all  the  moneys  that  may  be  received  by  him  under 
and  by  virtue  of  the  provisions  of  the  above-mentioned  act,  then 
this  obligation  shall  be  void,  or  else  to  be  and  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  in  pre-  ^         George  Wills,  [l.  s.] 
sence  of  I         Charles  Rex,     [l.  s.] 

David  Bond,  i         Enoch  Biles,     [l.  s.J 

Job  Mann.  I 


CORPORATIONS. 

1.  Petition  for  Incorporation. 

P.  196,  pi.  11.     13  October  1840,  P.  L.  5. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 


118  CORPORATIONS. 

The  petition  of  the  undersigned  respectfully  represents,  That 
they  are  citizens  of  the  CommonAvealth  of  Pennsylvania,  as- 
sociated for  literary  purposes  under  the  title  of  "  The  Penn 
Lyceum,"  and  are  desirous  to  acquire  and  enjoy  the  power? 
and  immunities  of  a  corporation  or  body  politic  in  law,  to  be 
situated  and  have  its  principal  business  transacted  in  the  said 
County  of  Chester ;  that  they  have  prepared  an  instrument  in 
writing  therein  specifying  the  objects,  articles,  conditions  and 
name,  style  and  title  under  which  they  have  associated,  and 
herewith  exhibit  and  present  the  same  to  this  Court.  They 
therefore  pray  the  Court  to  peruse  and  examine  said  instrument, 
and  if  the  objects,  articles  and  conditions  therein  set  forth  and 
contained  shall  appear  lawful  and  not  injurious  to  the  community, 
that  the  Court  will  make  such  order  with  regard  to  the  same  as 
is  directed  by  the  Act  of  Assembly  in  such  case  made  and  pro- 
vided ;  and,  if  no  sufficient  reason  be  shown  to  the  contrary,  that 
the  Court  will  decree  and  declare  that  the  petitioners  shall,  ac- 
cordincr  to  the  articles  and  conditions  in  the  said  instrument  set 
forth  and  contained,  become  and  be  a  corporation  or  body  politic, 
and  have  continuance  by  the  name,  style  and  title  in  said  in- 
strument provided  and  declared. 

And  they  will,  &c. 

John  Jones, 
James  Smith, 
John  Ryan,  &c.,  &c. 
(Affidavit  of  truth  of  petition  by  one  or  more  of  petitioners.) 


2.   Order  for  Publication. 

P.  196,  pi.  11.     13  October  1840,  P.  L.  5. 

In  THE  MATTER  OF  THE  ApPLiCA- ^  In  the  Court  of  Com- 
TiON  OF  "  The  Penn  Lyceum"  >  mon  Pleas  of  Chester 
FOR  Incorporation.  J       County. 

And  now,  to  wit,  September  15,  1856,  The  Court  having 
perused  and  examined  the  instrument  in  writing  specifying  the 
objects,  articles,  conditions  and  name,  style  or  title  under  which 
the  said  "  The  Penn  Lyceum"  have  associated  ;  and  it  appearing 


COKPOKATIONS.  119 

to  the  Court  that  the  objects,  articles  and  conditions  therein  set 
forth  and  contained  are  lawful  and  not  injurious  to  the  com- 
munity ;  the  Court  directs  said  writing  to  be  filed  in  the  office 
of  the  Prothonotary  of  said  Court  and  notice  to  be  inserted  in 
the  "  American  Republican,"  a  newspaper  published  in  the  county 
of  Chester,  for  three  weeks,  setting  forth  that  an  application 
has  been  made  to  the  Court  to  grant  a  charter  of  incorporation 
to  the  said  "  The  Penn  Lyceum." 


3.  Decree  of  Incorporation. 

(To  be  endorsed  on  Articles.) 

P.  196,  pi.  11.     13  October  1840,  P.  L.  5. 

In  the  matter  op  the  Applica-  "^  In  the  Court  of  Com- 
TiON  OF  "The  Penn  Lyceum"  V  mon  Pleas  of  Chester 
FOR  Incorporation.  J      County. 

And  now,  to  wit,  December  1,  1856,  it  appearing  to  the  Court 
that  publication  of  notice  of  the  application  of  the  said  "  The 
Penn  Lyceum"  for  a  charter  of  incorporation,  has  been  made 
according  to  law,  in  pursuance  of  the  order  of  the  Court  in  that 
behalf  made  at  the  last  term  thereof;  and  no  sufficient  reason 
being  shown  to  the  contrary,  it  is  decreed  and  declared  by  the 
Court  that  the  persons  associated  under  the  name  of  "  The  Penn 
Lyceum"  shall,  according  to  the  articles  and  conditions  in  the 
within  instrument  set  forth  and  contained,  become  and  be  a 
corporation  or  body  politic;  and  the  court  do  further  direct 
that  this  charter  of  incorporation  be  recorded  in  the  office  for 
the  recording  of  deeds  in  said  county  of  Chester. 


4.  Petition  to  Amend  Charter. 

p.  197,  pi.  18.     13  October  1840,  P.  L.  6. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester : 

The  petition  of  The  Penn  Lyceum  of  said  County  respectfully 
represents :  That  by  virtue  of  a  decree  of  this  Court  made  the 
first  day  of  December,  a.  d.  one  thousand  eight  hundred  and 
fifty-six,  the   petitioners   were   created  a  corporation  or  body 


120  CORPORATIONS. 

politic,  according  to  the  articles  and  conditions  set  forth  in  a 
certain  instrument  of  writing  presented  to  and  approved  by  this 
Court  and  hereto  annexed  ;  that  the  said  corporation  is  situated 
in  said  county  of  Chester,  and  transacts  its  principal  business 
therein  ;  that  by  the  twentieth  article  in  the  said  instrument  of 
writing  it  is  provided  that  alterations  and  amendments  of  the 
articles  and  conditions  of  the  said  instrument  of  writing  or  con- 
stitution upon  which  said  corporation  was  formed,  may  be  made 
by  two-thirds  of  the  corporators  present  at  a  stated  meeting  of 
said  corporation,  provided  that  the  said  alterations  and  amend- 
ments shall  have  been  proposed  at  the  stated  meeting  imme- 
diately preceding  ;  that  at  a  stated  meeting  of  said  corporation 
held  on  the  first  day  of  April,  a.  d.  one  thousand  eight  hundred 
and  sixty,  more  than  two-thirds  of  said  corporators  present 
adopted  the  improvements,  alterations  and  amendments  specified 
in  the  instrument  of  writing,  herewith  exhibited  to  the  Court, 
and  that  the  said  improvements,  alterations  and  amendments 
had  been  proposed  at  the  stated  meeting  immediately  preceding, 
held  on  the  first  day  of  January  in  the  same  year. 

The  petitioners  therefore  pray  the  Court  to  peruse  and  ex- 
amine the  said  instrument,  and  if  the  improvements,  alterations 
and  amendments  therein  set  forth  and  contained  are  and  will 
be  lawful  and  beneficial,  to  make  such  order  with  regard  to  the 
same,  as  is  directed  by  the  Act  of  Assembly  in  such  case  made 
and  provided;  and,  if  no  sufficient  reason  be  shown  to  the  con- 
trary, to  decree  that  the  said  improvements,  alterations  and 
amendments  shall  be  deemed  and  taken  to  be  a  part  of  the 
instrument  upon  which  said  corporation  was  formed  and  estab- 
lished, to  all  intents  and  purposes  as  if  the  same  had  been 
originally  made  part  thereof. 

And  they  will,  &c. 

ExocH  JOXES, 

President. 

George  Rex, 

Secretary. 

Chester  county,  ss. 

George  Ptex,  being  duly  sworn,  says,  that  Enoch  Jones,  whose 


CORPOKATIONS.  121 

name  is  signed  to  the  foregoing  petition,  is  the  President,  and 
this  deponent  is  the  Secretary  of  the  Penn  Lyceum ;  and  that 
the  names  signed  to  said  petition  are  respectively  in  the  hand- 
writing of  the  said  Enoch  Jones  and  this  deponent ;  that  the 
improvements,  alterations  and  amendments  contained  in  the 
instrument  of  writing  in  said  petition  mentioned,  Avere  proposed 
and  adopted  as  is  therein  set  forth,  and  that  the  said  Enoch 
Jones  and  this  deponent  as  President  and  Secretary  aforesaid^ 
were  directed  by  said  corporators  to  sign  the  said  petition  on 
behalf  of  the  said  corporation. 

Sworn  and  subscribed,  April  2,^  George  Rex. 

A.  D.  1860,  before 
Henry  Fleming, 

Justice  of  the  Peace. 


5.  Bail  on  Ajypcal  by  Corporation. 

P.  199,  pi.  31.     21  March  1849,  P.  L.  216. 

John  GREoa 


V. 


In  the  Court  of   Common  Pleas  of 

^       ^         "*  I      Chester  County. 

The  Royal  Insurance  (  ^^  ^g  .^^     ^^^  ^^^ 

Company. 

J 

The  above-named  defendants, — by  John  Jones,  their  agent 
(or  as  the  case  may  be),  and  Robert  Roth  of  the  County  of 
Chester  and  State  of  Pennsylvania,  acknowledge  themselves  to 
be  indebted  to  John  Gregg,  the  above-named  plaintiff,  in  the 
sum  of  one  thousand  dollars,  lawful  money  of  the  United  States, 
to  be  levied  of  their  respective  goods  and  chattels,  lands  and 
tenements,  and  to  be  void  on  this  condition  that  the  said  defend- 
ant shall  and  will  pay  to  the  plaintiiF  such  sum  and  sums  as  shall 
be  finally  adjudged  to  be  due  to  him,  the  plaintiff  in  the  above- 
stated  suit,  together  with  interest  and  costs  thereon. 


Taken  and  acknowledged 

August  10,  A.  D.  1856,  before 
James  Davis, 
Prothonotary. 


John  Jones, 
Robert  Ruth. 


122  CORPORATIONS. 

6.  Petition  for  Sequestration. 

p.  200,  pi.  45.     16  Jane  1S36,  P.  L.  775. 


John  Gregg 

V. 

The  Pexx  Railroad 

COMPAXY. 


In   the    Court   of  Common   Pleas   of 

Chester  County. 
Of  April  Term,  1855.     No.  10. 
Debt. 


To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg,  the  above-named  plaintiif,  respect- 
fully represents :  That  on  the  fifth  day  of  June,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-six,  he  obtained 
a  judgment  in  the  above-stated  suit  against  the  defendant  there- 
in, for  the  sum  of  one  thousand  dollars ;  that  a  writ  of  Fieri 
Facias,  No.  4,  to  July  Term,  A.  d.  1855,  has  been  issued  out 
of  this  Court  upon  said  judgment,  to  -which  the  Sherifi"  of  said 
county  returned  that  he  had  seized  and  taken  in  execution  a 
certain  messuage,  warehouse  and  lot  of  land  situate  in  the  town- 
ship of  Penn  in  said  county,  bounded  by  lands  of  John  Jones, 
George  Smith  and  others,  containing  one  acre  more  or  less,  with 
the  appertenances :  that  a  writ  of  Venditioni  Fxponas,  No.  5, 
to  October  Term  of  the  same  year,  was  issued  out  of  said  Court 
upon  the  same  judgment,  to  which  the  Sheriff  returned  that  he 
had  sold  the  said  messuage,  &c.,  to  Robert  Wills  for  the  sum  of 
five  hundred  dollars,  and  had  the  said  money  before  the  Court. 

The  petitioner  further  represents,  that  after  deducting  costs, 
he  has  received  by  virtue  of  said  judgment  and  execution,  the 
sum  of  four  hundred  and  fifty  dollars,  and  that  the  said  judg- 
ment remains  unsatisfied  to  the  extent  of  five  hundred  and 
seventy  dollars.  The  petitioner  therefore  prays  the  Court  to 
award  a  writ  to  sequester  the  goods,  chattels,  credits,  rents, 
issues  and  profits,  tolls  and  receipts  from  the  roads  and  other 
works,  property  and  estate  of  the  said  The  Penn  Railroad 
Company,  according  to  the  Act  of  Assembly  iii  such  case  made 
and  provided. 

And  he  will,  &c. 

John  Gregg. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


CORPORATIONS.  123 

7.  Writ  of  Sequestration. 

p.  200,  pi.  45,  46.     16  June  1S36,  P.  L.  775. 

Chester  county,  ss. 

The    Commonwealth  of  Pennsylvania,  to    Job  Jackson   of 
Chester  County,  Greeting : 

Whereas,  by  our  writ  of  Fieri  Facias,  tested  the  tenth  day 
of  June  last  past,  We  commanded  the  Sheriif  of  Chester  County 
that  of  the  goods  and  chattels,  lands  and  tenements  of  The 
Penn  Railroad  Company  in  his  bailiwick,  he  should  cause  to  be 
levied,  as  well  a  certain  debt  of  one  thousand  dollars,  lawful 
money  of  the  United  States,  which  John  Gregg  lately  in  our 
County  Court  of  Common  Pleas  before  our  Judges  at  West  Ches- 
ter, recovered  against  the  said  The  Penn  Railroad  Company,  as 
also  seventy-two  shillings,  which  to  the  said  John  Gregg,  in  our 
same  Court  were  adjudged  for  his  damages  which  he  sustained  by 
occasion  of  the  detention  of  that  debt :  whereof  the  said  The 
Penn  Railroad  Company  was  convict,  as  appeared  of  record,  &c. 
And  that  he  should  have  that  money  before  our  Judges  at  West 
Chester,  at  our  County  Court  of  Common  Pleas,  there  to  be 
held,  on  a  day  certain  in  our  said  writ  contained,  to  render  the 
said  John  Gregg  for  his  debt  and  damages  aforesaid :  and  that 
he  should  have  then  and  there  that  writ ;  on  which  said  day  he 
to  our  said  Judges  did  return,  that  by  virtue  of  our  said  writ  to 
him  directed,  he  had  seized  and  taken  in  execution  a  certain 
messuage,  warehouse  and  lot  of  land,  situate  in  the  township  of 
Penn,  in  said  county,  bounded  by  lands  of  John  Jones,  George 
Smith  and  others,  containing  one  acre  more  or  less,  with  the 
appertenances,  late  the  property  of  the  said  The  Penn  Rail- 
road Company,  which  remained  in  his  hands  unsold  for  want  of 
buyers,  &c.  And  whereas,  by  our  writ  of  Venditioni  Ex.ponas, 
tested  the  first  day  of  August  last  past,  we  commanded  the  said 
Sheriff,  that  the  said  messuage,  warehouse  and  lot  of  land  with 
the  appertenances  by  him  so  taken  in  execution,  he  should 
without  delay  expose  to  sale,  and  should  have  that  money  before 
our  Judges  at  West  Chester,  at  our  County  Court  of  Com- 
mon Pleas,  there  to  be  held,  on  a  day  certain  in  our  said  writ 


124  CORPORATIONS. 

contained ;  on  whicli  said  day  he  to  our  said  Judges  did  return 
that  by  virtue  of  our  said  last-mentioned  writ  he  had  sold  said 
premises  to  Robert  Wills  for  the  sum  of  five  hundred  dollars, 
and  had  said  money  before  our  said  Judges,  &c.  And  whereas 
the  said  John  Gregg  has  shown  to  us  that  the  said  judgment 
remains  unsatisfied  to  the  extent  of  five  hundred  and  seventy 
dollars.  And  whereas  our  said  Court  has  appointed  you,  the 
said  Job  Jackson,  sequestrator  in  this  behalf: 

We  therefore  authorize  and  command  you  to  sequester  the 
goods,  chattels,  rents,  issues  and  profits,  tolls  and  receipts  from 
the  roads,  bridges  and  other  works  and  property  of  the  said 
The  Penn  Railroad  Company,  and  your  doings  in  the  premises, 
you  shall  from  time  to  time  report  to  our  said  Court,  &c.(a) 

Witness  the  Honorable  Townsend  Haines,  Esquire,  President 
Judge  of  our  said  Court  at  West  Chester,  the  tenth  day  of  No- 
vember, A.  D.  one  thousand  eight  hundred  and  fifty-nine. 

James  Davis, 
Prothonotary. 


8.  Petition  for  Discovery  of  Effects. 

p.  201,  pi.  48.     14  April  1S2S,  10  Sm.  L.  21.3. 

John  Gregg       1  In   the   Court   of   Common   Pleas   of 
y.  Chester  County. 

The  Penn  Railroad  [  Of  May  Term,  1859.     No.  10. 
Company.  J  Debt,  $1000. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg,  the  above-named  plaintiff,  re- 
spectfully represents,  That  on  the  fifth  day  of  June  last  past, 
a  judgment  in  the  above-stated  action,  was  rendered  in  his 
favor  against  the  defendant  therein,  for  the  sum  of  one  thousand 
dollars  and  a  writ  of  Fieri  Facias,  No.  4,  to  August  Term  last, 
was  issued  out  of  this  Court  upon  said  judgment,  to  which  the 
Sheriff  of  said  county  returned,  that  the  said  The  Penn  Rail- 
road Company  had  no  goods,  chattels,  lands  or  tenements 
(a)  Beits  T.  Harrishurg  Railroad  Co.,  4  P.  L.  J.  322. 


COUNTIES   AND   TOWNSHIPS.  125 

whereof  to  levy  the  said  judgment,  and  that  no  property  of 
the  defendant  can  be  found  on  which  an  execution  may  be 
levied :  The  petitioner  further  represents  that  he  verily  believes 
that  the  effects  of  the  said  The  Penn  Railroad  Company  are 
concealed  for  the  purpose  of  avoiding  the  payment  of  their 
debts ;  the  petitioner  further  representing  that  John  Reed  is 
the  President,  William  Jones  is  the  Secretary,  and  George  Rose 
is  the  Treasurer  of  said  company,  prays  the  Court  to  issue  a 
citation  directed  to  the  said  John  Reed,  William  Jones  and 
George  Rose,  commanding  them  to  appear  in  this  Court  on  a 
day  certain  and  answer  such  interrogatories  as  may  be  put  to 
them  and  each  of  them,  touching  the  effects  of  the  said 
company. 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


COUNTIES   AND  TOWNSHIPS. 

1.  Execution. 

P.  203,  pi.  11,  12.     15  April  1831,  P.  L.  538. 

Chester  county,  88. 

The  Commonwealth  of  Pennsylvania,  to  John 
[Seal.]         Reed   and   George    Rose,    Supervisors    of  the 
Township  of  Penn  in  said  county.  Greeting : 
Whereas  John  Gregg,  lately,  to  wit,  on  the  first  day  of  March 
last,  in  our  Court  of  Common  Pleas  of  the  County  of  Chester, 
before  our  Judges  at  West  Chester,  recovered  against  the  said 
Township  of  Penn  a  judgment  for  the  sum  of  one  hundred  dol- 
lars besides  costs,  and  it  is  represented  to  us  that  the  same 
remains  unpaid : 

These  are  therefore  to  command  you  to  cause  the  amount  of 
said  judgment  with  interest  and  costs,  amounting  to  one  hundred 
and  twenty  dollars,  to  be  paid  to  the  said  John  Gregg  out  of 
any  moneys  unappropriated  of  said  Township  of  Penn ;  and  if 


126  COUx\TY   AUDITORS. 

there  be  no  such  moneys  unappropriated,  that  you  cause  the 
same  to  be  paid  out  of  the  first  moneys  that  shall  be  received 
for  the  use  of  said  township. 

Witness  the  Honorable  Townsend  Haines,  Esquire,  President 
Judge  of  our  said  Court,  at  West  Chester,  the  tenth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  fifty-five. 
I  James  Davis, 

Prothonotary. 


COUNTY  AUDITORS. 
1.  Warrant  of  Commitment  of  Witness. 

p.  207,  pi.  12.     15  April  1834,  P.  L.  545. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  the  Sherifi"  of  the 
County  of  Chester,  Greeting  : 

Whereas  James  Green,  having  appeared  for  examination 
before  the  Auditors  of  said  county  of  Chester,  duly  convened 
according  to  law  at  the  Court-house  in  the  Borough  of  West 
Chester,  on  the  sixth  day  of  January,  A.  D.  one  thousand  eight 
hundred  and  fifty-nine,  and  having  been  duly  sworn  and  the 
said  Auditors  having  required  the  said  James  Green  to  make 
answer  to  certain  questions  then  and  there  put  to  him  by  them 
touching  the  public  accounts  of  George  Watt,  Treasurer  of  said 
county,  which  accounts  the  said  Auditors  were  then  and  there 
proceeding  to  audit,  settle  and  adjust  according  to  law,  and  the 
said  James  Green,  upon  request  by  said  Auditors,  having 
refused  to  make  answer  to  said  questions : 

These  are  therefore  to  command  you,  the  said  Sheriff,  to  take 
the  body  of  the  said  James  Green  and  convey  him  to  the  keeper 
of  the  jail  of  said  county,  who  is  hereby  required  to  receive 


COUNTY   AUDITORS.  127 

the  said  James  Green  into  his  custody  in  said  jail,  and  him 
safely  keep  until  he  shall  submit  to  make  answer  to  such  ques- 
tions, or  be  otherwise  legally  discharged. 

Witness  the  hands  and  seals  of  said  Auditors,  the  sixth  day 
of  January,  A.  D.  one  thousand  eight  hundred  and  fifty-nine. 

Job  Hirst,  [l.  s.] 
John  Taylor,  [l.  s.] 
Rees  Welch,  [l.  s.] 


2.  Appeal  of  Treasurer  from  Report. 

P.  207,  pL  16,  17.     15  April  1834,  P.  L.  545. 

In  the  Matter  of  the  Report  of  the  Auditors  of  the  County 
of  Chester,  on  the  account  of  George  Watt,  Treasurer  of  said 
county,  filed  February,  a.  d.  1859. 

March  1, 1859,  George  Watt,  above  named,  appeals  from  said 
report  to  the  Court  of  Common  Pleas  of  said  county. 

George  Watt. 

We,  George  Watt  above  named,  Robert  Green  and  James 
Rees,  acknowledge  ourselves  to  be  indebted  to  the  County  of 
Chester,  in  the  sum  of  two  thousand  dollars,  lawful  money  of 
the  United  States,  to  be  levied  of  our  goods  and  chattels,  lands 
and  tenements  respectively,  if  default  be  made  in  the  following 
condition : 

Whereas  the  Auditors  of  the  County  of  Chester  have  made 
report  to  the  Court  of  Common  Pleas  of  said  county,  that  there 
is  a  balance  of  one  thousand  dollars  due  from  the  said  George 
Watt,  as  Treasurer  aforesaid  to  the  said  county,  which  report 
was  filed  amongst  the  records  of  said  Court  on  the  first  day  of 
February  last,  and  the  said  George  Watt  has  appealed  from 
said  report  to  said  Court : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
George  Watt  shall  prosecute  his  said  appeal  with  effect,  and 
shall  pay  the  costs  and  such  sum  of  money  as  he  shall  appear 
by  the  verdict  of  the  jury  to  be  indebted  to  the  said  county, 


128  COUNTY    TREASURER. 

then  this  recognisance  to  be  void,  or  else  to  be  and  remain  in 
full  force  and  virtue. 

Taken  and  acknowledged  March  1, 
A.  D.  1859,  before 

Townsend  Haines,  f        James  Rees. 

Pres.  15th  Jud.  Dist. 


George  "Watt, 
Robert  Green, 


COUNTY   TREASURER. 

1.  Petition  for  Removal  of  County  Treasurer. 

p.  1271,  pi.  1.     27  May  1841,  P.  L.  401. 

To  the  Honorable  the  Judges  of  the  Court  of  Quarter 
Sessions  of  Chester  County. 

The  petition  of  Marshall  Ingrahaoi.  Nathan  Grim,  and  Alban 
Wood,  Commissioners  of  Chester  County,  respectfully  repre- 
sents : 

That  John  Gregg,  the  county  treasurer  of  said  county,  as 
they  verily  believe,  has  been  and  is  embezzling  (or  as  the  case 
may  be)  the  public  moneys  committed  to  his  charge  (setting  out 
the  facts  which  are  the  grounds  of  their  belief).  They  there- 
fore pray  the  Court,  if  they  believe  this  complaint  well  founded, 
to  make  an  order  for  the  removal  of  said  treasurer  (or  as  the 
case  may  be). 

And  they  will  pray,  &c. 

Marshall  Ingram, 
Nathan  Grim, 

October  1,  1850.  Alban  Wood. 


2.  Decree  of  Removal  of  County  Treasurer. 

P.  1271,  pi.  1.     27  May,  1841,  P.  L.  401. 

Lsr  the  Matter  of  the  Appli-  ^  t    .i     /^  c  r^  o 

I  In  the  Court  oi  Quarter  fees- 
cation  for  the  removal  of  I      .         „  ^,        ^  . 

T  n  /-(       X     m         r    sions  01  Chester  County,  oi 

John  Gregg,  County  Trea-  (     _      ,      ^         ^o^a 
'  ^  J     October  Term,  1860. 

surer.  ^  ' 


DECEDENTS.  129 

And  noAv,  December  10,  1860,  the  Court  having  heard  the 
complaint  of  the  County  Commissioners  in  the  above  matter, 
and  believing  the  said  complaint  well  founded,  do  order  and 
decree  that  the  said  John  Gregor  be  removed  from  the  office  of 
County  Treasurer  aforesaid. 


DECEDENTS. 


Before  the  Register  of  Wills  of 
said  County  of  Chester. 


1.  Suggestion  of  Existence  of  Will. 

p.  273,  pi.  2.     15  March  1832,  P.  L.  136. 

In  the  Estate  of  John 
Gregg,  late  of  the 
Township  of  Penn,  in 
the  County  of  Ches- 
ter, deceased. 

May  5,  1859.  Charles  Gregg,  one  of  the  sons  of  the  above- 
named  John  Gregg,  deceased,  and  interested  in  this  estate,  gives 
the  said  Register  to  be  informed,  that  the  said  John  Gregg  died 
on  or  about  the  tenth  day  of  March  last,  having  made  a  testa- 
mentary writing,  which  the  said  Charles  Gregg  alleges  is  the 
last  will  and  testament  of  said  deceased,  and  that  the  said  writ- 
ing is  in  the  possession  or  control  of  one  George  Wills  ;  the  said 
Charles  Gregg  therefore  requests  that  a  citation  may  be  issued 
to  the  said  George  Wills,  requiring  him  to  produce  and  deposit 
the  said  testamentary  writing  in  the  office  of  the  said  Register 
for  probate. 

Charles  Gregg,^ 

Chester  county,  ss. 

Charles  Gregg,  being  duly  sworn,  says  that  the  statements  in 
the  foregoing  suggestion  are  true  as  he  verily  believes. 


Sworn  and  subscribed. 
May  5,  1859,  before 
William  Baker, 
Register. 
9 


Charles  Gregg. 


130  DECEDENTS. 

2.   Citation  to  Produce  Will. 

p.  273,  pi.  2.     15  March  1S32,  P.  L.  136. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  To  George  Wills, 
Greeting : 

Whereas  it  has  been  represented  to  William  Baker,  Register 
of  Wills  of  the  County  of  Chester,  by  Charles  Gregg,  that  you 
have  in  your  possession  or  control  a  testamentary  writing, 
alleged  to  be  the  last  will  and  testament  of  John  Gregg,  late 
of  the  Township  of  Penn,  in  said  county,  deceased : 

These  are  therefore  to  require  you  forthwith  to  produce  and 
deposit  said  writing  in  the  office  of  the  said  Kegister  in  the 
Borough  of  West  Chester  for  probate. 

Herein  fail  not  at  your  peril. 

Witness  the  said  Register  and  his  seal  of  office  at  West  Chester 
aforesaid,  the  fifth  day  of  May,  A.  D.  one  thousand  eight  hun- 
dred and  fifty-nine. 

William  Baker, 

[Seal.]  Register. 


3.  Register  s  Citation  to  Witness. 

p.  273,  pi.  3.     15  March  1S32,  P.  L.  136. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  To  John  Green,  Greet- 
ing : 

You  are  hereby  commanded  to  appear  at  the  office  of  the 
Register  of  Wills  in  the  Borough  of  West  Chester  and  County 
of  Chester,  on  the  twentieth  day  of  May  instant,  at  ten  o'clock 
in  the  forenoon  of  said  day,  to  depose  and  testify  what  you  may 
know  concerning  the  execution  of  a  certain  testamentary  writ- 
ing, alleged  to  be  the  last  will  and  testament  of  John  Gregg, 
late  of  the  Township  of  Penn,  in  said  County,  deceased. 

Herein  fail  not  under  a  penalty  of  three  hundred  dollars. 

Witness  William  Baker,  Esq.,  Register  of  Wills  of  said 
county,  and  the  seal  of  said  office  at  West  Chester  aforesaid, 


DECEDENTS.  131 

the  fifth  day  of  May,  a.  d.  one  thousand  eight  hundred  and 
fifty-nine. 

William  Baker. 
[Seal.]  Register. 


4.  Attachment  for  Witness  before  Register. 

p.  273,  pi.  3.     15  March  1832,  P.  L.  136. 

Chester  county,  ss. 

[Seal.]     The  Commonwealth  of  Pennsylvania,  to  the  Sheriff 
of  said  county  ;   Greeting. 

Whereas  a  citation  was,  on  the  fifth  day  of  May  instant,  duly 
issued  by  William  Baker,  Register  of  Wills  of  said  county, 
directed  to  John  Green,  commanding  him  to  appear  before  the 
said  William  Baker  at  his  office  in  the  Borough  of  West  Chester, 
on  the  twentieth  day  of  the  same  month  of  May,  to  depose  and 
testify  what  he,  the  said  John  Green,  might  know  concerning 
the  execution  of  a  testamentary  writing  alleged  to  be  the  last 
will  and  testament  of  John  Gregg,  late  of  the  township  of  Penn 
in  said  county,  deceased  ;  and  whereas  it  has  been  made  to  appear 
to  the  said  Register,  that  the  said  John  Green  is  within  the  said 
county  (or  "within  thirty  miles  of  said  office,"  as  the  case  may 
be),  and  that  said  citation  has  been  duly  served  more  than  five 
days  before  the  said  twentieth  day  of  May,  and  the  said  John 
Green  has  refused  and  neglected  to  appear  as  commanded  by 
said  citation :  Now  these  are  to  command  you,  that  you  take 
the  said  John  Green  and  have  him  forthwith  (or  on  a  day  cer- 
tain, naming  the  day),  before  the  said  Register  at  his  office 
aforesaid,  then  and  there  to  answer  for  disobedience  of  said  cita- 
tion and  such  other  n^atters  as  may  be  lawfully  objected  against 
him  and  not  depart  without  leave.  Witness  the  said  Register, 
and  his  seal  of  office,  at  West  Chester  aforesaid,  the  twentieth 
day  of  May,  a.  D.  one  thousand  eight  hundred  and  fifty-nine. 

William  Baker, 

Register. 


132  DECEDENTS. 

5.  Interrogatories  before  Register. 

p.  273,  pi.  4.     15  March  1S32,  P.  L.  136. 

In  the  Matter  or  the  probate  of"^ 

A  testamentary  writing,  alleged 

to  be  the  last  will  and  testament  of  .       ,„.,,      i-  ,,      />■ 

-,         ^  ,  „    ,  ,  .     >      VVills  of  the  County 

John  Gregg,  late  ot  the  township  j        f  pu    f^  > 

of  Penn  in  the  County  of  Chester, 

deceased. 


Before  the  Register  of 
Wills  of  tl 
of  Chester. 


Interrogatories  to  be  proposed  to  witnesses  that  may  be  pro- 
duced, sworn  or  affirmed  and  examined  in  the  above  matter  on 
behalf  of  Charles  Gregg,  the  party  producing  said  writing  and 
asking  that  the  same  may  be  admitted  to  probate. 

Interrogatory  1st.  Did  you  know  the  above-named  John 
Gregg,  deceased  ?     If  so,  when  and  where  did  you  know  him  ? 

Interrogatory  2d.     (As  the  inquiries  may  be.) 

"  3d,  &c.     (As  the  inquiries  may  be.) 

"  (As  the  number  may  be.)     Do  you  know  any 

other  matter  or  thing  that  may  be  material  to  the  said  Charles 
Gregg.  If  so,  state  the  same  fully  and  at  large  as  if  thereto 
particularly  interrogated. 

May  5,  1859.  Charles  Gregg. 

Commissioners  on  the  part  of  the  said  Charles  Gregg  at 
Staunton,  in  the  County  of  Augusta  and  State  of  Virginia. 

Robert  Baldwin,  Esq., 

William  Boyd,  Esq.  (or  either  of  them.) 

The  Register  of  Wills  of  the  County  of  Chester  is  requested 
to  issue  a  commission  in  the  above  matter,  to  take  the  deposi- 
tions of  witnesses  upon  the  foregoing  interrogatories. 

May  5,  1859.  Charles  Gregg. 


6.   Commission  to  take  Depositions  to  he  read  before  Register. 

p.  273,  pi.  4.     p.  860,  pi.  13.     15  March  1832,  P.  L.  136. 

Commonwealth  of  Pennsylvania,  1 

Chester  County.  J 

ro    1  n    The  Commonwealth  to  Robert  Baldwin  and  William 
[Seal.]        -n      1     r^ 

Boyd ;  Greeting  : 


DECEDENTS.  133 

Know  you,  that  in  confidence  of  your  prudence  and  fidelity, 
we  have  appointed  you  and,  by  these  presents,  do  give  unto  you 
and  either  of  you  full  power  and  authority  in  a  certain  matter 
depending  before  our  Register  of  Wills,  for  the  said  County  of 
Chester,  touching  the  probate  of  a  testamentary  writing,  alleged 
to  be  the  last  will  and  testament  of  John  Greo-o;,  late  of  the 
Township  of  Penn  in  said  County  of  Chester,  deceased,  to  call 
before  you  at  a  certain  day  and  place,  by  you  for  that  purpose 
to  be  appointed,  all  and  every  person  and  persons  who  may  be 
named  to  you,  as  well  on  the  part  of  Charles  Gregg,  who  has 
produced  and  asked  the  probate  of  said  will,  as  on  the  part  of 
John  Green  who  opposes  the  said  probate,  as  witnesses  in  said 
matter :  and  then  and  there  examine  each  of  the  said  witnesses 
on  their  oaths  or  affirmations  touching  the  premises,  and  reduce 
their  testimony  to  writing.  And  when  you  shall  have  so  done, 
you  are  to  send  the  same  before  our  said  Register  of  Wills  at 
the  Borough  of  West  Chester  in  said  County  of  Chester,  together 
with  the  interrogatories  and  answers  thereto,  under  your  hands 
and  seals,  or  the  hand  and  seal  of  either  of  you.  Witness 
William  Baker,  Esquire,  Register  of  Wills  aforesaid  and  his 
seal  of  office  at  West  Chester  in  said  County  of  Chester,  this 
sixth  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-nine. 

William  Baker, 

Register. 


7.  Appeal  from  Register. 

p.  861,  pi.  20.     15  March  1832,  P.  L.  \i^. 

In  the  Estate  of  John  1  Before  William  Baker,  Esq.,  Regis- 
Gregg,  deceased.        J  ter,  &c.,  of  Chester  County. 
April  1,  1860.     John  Green  appeals  to  the  Register's  Court 

of  said  county  from  the  decision  of  the  Register  admittin.g  the 

will  of  the  said  John  Gregg  to  probate. 

John  Green. 


134:  DECEDENTS. 

8.   Citation  to  Register  s  Court. 

p.  861,  pi.  21.     15  March  1832,  P.  L.  146. 

Chester  county,  ss. 

rci    ^  -I     The  Commonwealth   of  Pennsylvania   to    Charles 
[Seal.]     ^  ^        .  *^ 

Gregg ;  (ireeting. 

Whereas  it  was  so  proceeded  in  before  our  Register  of  Wills  of 
the  said  County  of  Chester,  in  the  matter  of  a  certain  testamen- 
tary writing  alleged  to  be  the  last  will  and  testament  of  John 
Gregg,  late  of  the  Township  of  Penn  in  said  County  of  Chester, 
deceased,  that  the  said  Register  did,  on  the  first  day  of  March  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  sixty,  by 
his  decision  admit  the  said  will  to  be  proved,  as  the  last  will  and 
testament  of  the  said  John  Gregg  ;  and  whereas  James  Green, 
who  denied  that  the  said  writing  was  the  last  will  and  testament 
of  the  said  John  Gregg,  deceased,  did  on  the  first  day  of  April 
last,  appeal  from  said  decision  to  the  Register's  Court  of  said 
County  of  Chester,  and  the  said  Register  did  thereupon  ap- 
point that  a  Register's  Court  for  the  decision  of  said  appeal,  be 
held  at  the  Court-house  in  the  Borough  of  West  Chester,  on  the 
first  day  of  May  next,  at  ten  o'clock  in  the  forenoon  of  said  day. 
These  therefore  are  to  warn  you  the  said  Charles  Gregg,  to 
appear  at  said  time  and  place  and  you  shall  be  heard.  Witness 
William  Baker,  Esq.,  Register  aforesaid  and  his  seal  of  office, 
at  West  Chester,  the  first  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty. 

William  Baker, 

Register. 


9.  Appeal  from  Register  s  Court,  Affidavit  and  Recognisance. 

p.  802,  pi.  24.     15  March  1832,  P.  L.  146. 

In  the  Estate  of  Joiin)^"  ^^^  Register's  Court  of  Chester 
Gregg,  deceased.      j       County. 

In  the  matter  of  the  probate  of  the  alleged  will  of  the  said 
John  Gregg,  deceased. 


DECEDENTS.  135 

May  10,  1860.  James  Green,  a  party  aggrieved  by  the  final 
sentence  and  decree  of  the  Register's  Court  in  the  above  mat- 
ter, in  which  the  matter  in  controversy  exceeds  one  hundred 
and  fifty  dollars,  appeals  from  said  sentence  and  decree. 

John  Green. 

Chester  county,  ss. 

John  Green,  the  above-named  appellant,  being  duly  sworn, 
says  that  the  above  appeal  is  not  intended  for  delay. 

Sworn  and  subscribed,  May  "j  John  Green. 

10,  1860,  before  V 

John  Graves,  J.  P.    J 


10.  Recognisance  of  Appellant  from  Register  s  Court. 

Chester  county,  ss. 

We,  James  Green,  the  above-named  appellant,  Seth  Jones, 
and  Abel  Lea,  all  of  said  county,  severally  acknowledge  our- 
selves to  be  indebted  to  the  Commonwealth  of  Pennsylvania  in 
the  sum  of  five  hundred  dollars,  lawful  money  of  the  United 
States,  to  be  levied  of  our  respective  goods  and  chattels,  lands 
and  tenements,  and  to  be  void  on  this  condition,  that  the  said 
John  Green  shall  prosecute  said  appeal  with  efi'ect,  and  pay  all 
costs  that  may  be  adjudged  against  him. (a) 

Taken   and  acknowledged  ^  James  Green, 

May  10,  1860,  before      I  Seth  Jones, 

William  Baker,  j  Abel  Lea. 

Register.      ^ 


11.   Caveat  against  Will. 

p.  273,  pi.  5.     15  March  1832,  P.  L.  136. 

To  William  Baker,  Esquire,  Register  of  Wills  of  the  County 
of  Chester. 

Let  nothing  be  done  in   the  probate  of  any  testamentary 
(a)  See  Brightly's  Purd.  p.  625,  pi.  48. 


136  DECEDENTS. 

writincT  alleged  to  be  the  last  will  and  testament  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  without 
notice   to    the   undersigned,   interested   in    the   estate  of  said 

deceased. 

Charles  Gregg. 
May  5,  1859. 


12.  Request  for  Issue  on  Will. 

p.  273,  pi.  5.     15  March  2832,  P.  L.  137. 

„     /    (  Before  the   Register   of    Chester 
Gregg,   late    of   the  > 

p  -r,  I       county. 

Township  of  Penn.      J 

Charles  Gregg,  a  son  of  said  deceased,  and  interested  in  his 
estate,  objects  to  the  probate  of  the  testamentary  writing  offered 
for  probate  as  the  last  will  and  testament  of  the  said  John 
Gregof,  deceased,  and  alleges,  as  the  ground  of  such  objection, 
that  the  said  John  Gregg  was  not  of  sound  and  well  disposing 
mind  and  memory  at  the  time  the  said  writing  is  alleged  to 
have  been  executed  by  him  ;  and  that  the  execution  thereof 
was  procured  by  duress,  fraud,  and  imposition,  and  undue 
influence  exercised  over  the  mind  of  the  said  deceased  (as  the 
case  may  be).  He,  said  Charles  Gregg,  therefore  requests  the 
Register  of  Wills  of  said  county  to  issue  a  precept  to  the  Court 
of  Common  Pleas    of  said  county,  directing  an   issue   to  be 

formed  to  try  the  validity  of  said  writing. 

May  6,  1859.  Charles  Gregg. 


13.   Citation  on  Ajyplication  for  Probate  of  Nuncupative  Will. 

p.  274  ,  pi.  9.     15  March  1S32,  P.  L.  137. 

In  the  Matter  of  the  alleged  Nun-^  -^  „        ,      -r.     • 

,„  -r  /^  I  i>eiore  the   Register 

cupative   \\ill   of    John    Gregg,  f       „    ,„.,,         °    , 

late  of  the  Township  of  Penn,  in  the  f     ^  p  ^, 

f^       ^      p  r^^     ^      \  i  )      Countv  ot  Cucster. 

County  or  Chester,  deceased.  ^  *^ 

To  Jane  Gregg,  widow,  and  Samuel  Gregg,  brother  of  said 
deceased  (or  as  the  case  may  be). 


DECEDENTS.  137 

Whereas  Charles  Gregg  has  made  application  that  the  nun- 
cupative will  of  John  Gregg  above  named  be  admitted  to  pro- 
bate by  the  Register  of  Wills  of  said  county  : 

You  and  each  of  you  are  therefore  notified  to  appear  at  the 
office  of  said  Register  of  Wills  in  the  Borough  of  West  Chester 
on  the  tenth  day  of  May  next,  at  10  o'clock  in  the  forenoon  of 
said  day,  to  contest  such  probate  if  you  please. 

Witness  the  said  Register  and  his  seal  of  office,  at  West 
Chester,  the  twentieth  day  of  April,  a.  d.  one  thousand  eight 
hundred  and  fifty-nine. 

William  Baker, 

[Seal.]  Register. 


14.  Nuncupative  Will  made  at  Home,  and  Prolate. 

p.  1017,  pi.  8,  10.     8  April  1833,  P.  L.  249. 

Nuncupative  will  of  John  Gregg,  late  of  the  Township  of 
Penn  in  the  County  of  Chester,  deceased. 
(Here  set  out  the  words.) 

Chester  county,  ss. 

John  Robb  and  George  Good,  being  severally  duly  sworn 
declare  and  say,  that  the  foregoing  paper  contains  the  testa- 
mentary words  or  the  substance  thereof,  declared  by  John 
Gregg  therein  named,  on  the  first  day  of  April,  A.  D.  one  thou- 
sand eight  hundred  and  fifty,  and  that  at  the  time  of  his  declar- 
ing the  same  the  said  John  Gregg  was  of  sound  and  well 
disposing  mind  and  memory,  to  the  best  of  the  knowledge  and 
belief  of  said  deponents  ;  the  said  deponents  further  say,  that 
the  said  testamentary  words  were  declared  by  the  si  id  John 
Gregg  in  the  house  of  his  habitation  in  the  said  Township  of 
Penn,  where  he  had  resided  for  more  than  ten  days,  in  such 
extremity  of  his  last  sickness,  as  to  preclude  a  written  will  and 
that  the  said  John  Gregg,  at  the  time  of  pronouncing  the  said 
words,  did  bid  these  deponents,  being  then  and  there  present 


138  DECEDENTS. 

at  the  making  of  said  will,  to  bear  -witness  that  the  said  words 
were  his  will  or  to  that  effect. (a) 

Sworn  and  subscribed,  May  10,  -.  JoHX  RoBB, 

A.  D.  1850,  before  (  George  Good. 

William  Baker,  f 

Reo-ister.      ^ 


15.  Probate  of  Nuncupative  Will  made  from  Home. 

p.  1017,  pi.  8.     8  April  1833,  P.  L.  249. 

Chester  county,  ss. 

John  Robb  and  George  Good,  being  severally  sworn  declare 
and  say,  that  the  foregoing  paper  contains  the  testamentary 
words  or  the  substance  thereof,  declared  by  John  Gregg  therein 
named,  on  the  first  day  of  April,  a.  d.  one  thousand  eight  hun- 
dred and  fifty,  and  that  at  the  time  of  his  declaring  the  same 
the  said  John  Gregg  was  of  sound  and  well  disposing  mind  and 
memory,  to  the  best  of  the  knowledge  and  belief  of  these  depo- 
nents ;  the  said  deponents  further  say  that  the  said  testamentary 
words  were  declared  by  the  said  John  Gregg  at  the  house  of 
Andrew  Bear,  Innkeeper  in  the  City  of  Lancaster,  in  such 
extremity  of  his  last  illness,  as  to  preclude  a  written  will,  the 
said  John  Gregg  having  been  surprised  by  sickness,  being  from 
his  own  house,  and  having  died  before  he  returned  home,  and 
that  the  said  John  Gregg,  at  the  time  of  pronouncing  the  said 
words,  did  bid  these  deponents,  being  then  and  there  present  at 
the  making  of  said  will,  to  bear  witness  that  the  said  words 
were  his  will,  or  to  that  effect. (a) 

Sworn  and  subscribed.  May  10,  ^  John  Robb, 

1850,  before  I  George  Good. 

William  Baker,  f 

Register. 

(a)  See  YarnaU's  Will,  4  R.  46  j  Porter's  Appeal,  10  Barr  2.54;  Haus  T. 
Palmer,  9  H.  296. 


DECEDENTS.  139 

16.   Certificate  of  Probate  of  Will  in  another  State. 

p.  274,  pi.  11.     15  March  1832,  P.  L.  137. 

State  of  Ohio,  Butler  county,  ss. 

I,  John  Thomas,  Judge  of  the  Probate  Court  of  Butler  County 
aforesaid,  and  as  such  having  power  to  receive  probate  of  the 
will  hereafter  mentioned,  do  certify  that  the  foregoing  is  a  true 
copy  of  the  whole  record  of  the  proceedings  for  the  probate  of 
the  original  will  of  John  Robb,  late  of  the  said  County  of  But- 
ler, deceased,  and  of  the  letters  testamentary  issued  thereon  to 
George  Good,  the  executor  named  in  said  will.  Witness  my 
hand  and  the  seal  of  said  Probate  Court,  the  first  day  of  April, 
A.  D.  one  thousand  eight  hundred  and  fifty-five. 

John  Thomas, 

Judge  of  Probate  of 
Butler  County,  Ohio. 
[Seal.] 

State  of  Ohio,  ss. 

I,  John  Shaw,  Chief  Justice  of  the  Supreme  Court  of  the 
State  of  Ohio,  in  which  the  within-mentioned  will  was  proved, 
do  certify  that  the  same  appears  to  have  been  duly  proved  and 
to  be  of  force,  and  that  the  attestation  is  in  due  form.  Witness 
my  hand  the  first  day  of  April,  A.  D.  one  thousand  eight  hun- 
dred and  fifty-five. 

John  Shaw, 

Chief  Justice  of  Supreme  Court 
of  State  of  Ohio. 


17.  Exception  to  Surety  in  Administration  Bond. 

p.  277,  pi.  24.     15  March  1832,  P.  L.  143. 

In  the  Matter  op  the  Estate  of'^  _,  „       ^i     -r,     •  x       p 
„  -  f.   ,     m         1  •        Before  the  Kegister  oi 

John  Gregg,  late  oi  the  iownship         ,,^.,,      ^    ,     ^ 

•      ,     n       .      V  rn     .       Y      ^ills  of  the  Couuty 
01  Penn,  in  the  County  ot  Chester,  -.  ^i,      , 

,      ,.    ,  .  of  Chester, 

deceased,  who  died  intestate.  J 


140  DECEDENTS. 

To  William  Baker,  Esq.,  Register  of  Wills. 

I,  Georjie  Greufw,  a  son  and  one  of  the  next  of  kin  of  the 
said  John  Gregg,  and  interested  in  his  estate,  do  except  to  the 
sufficiency  of  John  Robb  and  James  Good  as  sureties  in  the 
administration  bond  with  Sarah  Gregg,  Administratrix,  &c.,  of 
the  said  John  Gregg,  deceased ;  and  I  do  further  except  to  the 
sufficiency  of  the  sum  of  five  thousand  dollars,  in  which  the 
said  Administratrix  and  sureties  are  bound  in  said  bond. 

George  Gregg. 

April  1,  1857. 


18.  Notice  to  Administratrix  of  Exceptions  to  Bond. 

p.  277,  pi.  24.     15  March  1S32,  P.  L.  143. 

In  the  Matter  of  the  Estate  of^  -r,  „        .     .„     .  ^ 

^  ,  ,.  ,     m         1  •        iieiore  the  Kegister  ot 

John  Gregg,  late  ot  the  iownship         ,„.,,      c    ^     r^ 

^  -r.  ■  I        r^  n  r^^  Y         ^llls    of    the   CoUnty 

01  fenn,  m  the  (Jounty  ot  Chester,  „  ^, 

,  '  "^  of  Chester. 

deceased. 

To  Sarah  Gregg,  Administratrix,  &c.,  of  said  John  Gregg, 
deceased. 

You  will  take  notice  that  exceptions  have  been  this  day  made 
by  George  Gregg,  a  son  and  one  of  the  next  of  kin  of  the  said 
John  Gregg,  deceased,  and  interested  in  his  estate,  to  the  suffi- 
ciency of  John  Robb  and  James  Good,  the  sureties  with  you  in 
your  administration  bond  in  said  estate,  and  also  to  the  suffi- 
ciency of  the  sum  of  five  thousand  dollars  in  which  you  with  said 
sureties  are  bound  in  said  bond,  and  you  are  required  to  appear 
before  me  at  my  office,  in  the  Borough  of  West  Chester,  on  the 
ninth  day  of  April,  A.  D.  one  thousand  eight  hundred  and  fifty, 
at  ten  o'clock  A.  M.  of  said  day,  to  show  cause  against  the  allow- 
ance of  said  exceptions. 

Witness  my  hand,  and  the  seal  of  said  office,  the  first  day 
of  April,  one  thousand  eight  hundred  and  fifty. 

William  Baker, 


[Seal.] 


Register. 


DECEDENTS.  141 

19.   Order  of  Register  on  sustaining  Exeeptions. 

p.  277,  pi.  2J.     15  March  1832,  P.  L.  143. 

In  the  Matter  of  the  Estate  of]  ^^^^^^  ^^^^  ^.^^^  ^^ 
John  Gregu,  late  of  the  Township  I      ^.^^^  ^^  ^^^  ^ 
of  Penn  in  the  County  of  Chester,  |         f.  pi      , 
deceased.  J 

And  now,  April  9,  A.  D.  1850,  upon  the  hearing  of  the  objec- 
tions of  George  Gregg,  a  son  and  one  of  the  next  of  kin  of  the 
said  John  Gregg,  deceased,  to  the  sufficiency  of  John  Robb  and 
James  Good,  the  sureties  with  the  said  Sarah  Gregg,  Adminis- 
tratrix, &c.,  of  said  deceased  in  the  administration  bond,  and 
also  to  the  sufficiency  of  the  sum  of  five  thousand  dollars  in 
which  said  Administratrix  and  sureties  are  bound,  and  also 
hearing  the  said  Sarah  Gregg,  it  is  ordered  by  William  Baker, 
Register  aforesaid,  that  the  said  Sarah  Gregg  do  find  at  least 
one  additional  surety  with  her  as  Administratrix  aforesaid  in 
the  said  sum  of  five  thousand  dollars,  said  sum  being  in  the 
opinion  of  the  Register,  suflBcient. 


20.   Order   of  Register    on   Administratrix   refusing   to  give 
additional  Security. 


P.  277,  pi.  24.     15  March  1832,  P.  L.  143 

In  the  Matter  of  the  Estate  of^ 
John  Gregg,  late  of  the  Township 
of  Penn  in  the  County  of  Chester, 
deceased. 


Before  the  Register  of 
).      Wills  of  the  County 
of  Chester. 


And  now.  May  10,  a.  d.  1850,  Sarah  Gregg,  Administra- 
trix, &c.,  of  said  John  Gregg,  deceased,  having  neglected  to 
comply  with  the  order  of  the  Register,  made  on  the  ninth  day 
of  April  last  past,  requiring  her  to  find  at  least  one  additional 
surety  with  her  as  Administratrix  aforesaid  in  the  sum  of  five 
thousand  dollars  ;  the  letters  of  administration  on  the  estate  of 
the  said  John  Gregg,  deceased,  heretofore  granted  to  the  said 


142  BECEDENTS. 

Sarah  Gregg  are  revoked,  and  letters  of  administration  de  bonis 
7ion,  &c.,  of  the  said  John  Gregg,  deceased,  are  granted  to  the 
said  George  Gregg,  the  person  next  in  law  entitled  thereto,  he 
entering  into  bond  to  the  Commonwealth  in  usual  form  in  the 
sum  of  five  thousand  dollars,  with  Robert  Reed  and  John 
Thomas  as  his  sureties. 


21.  Letters  of  Administration  de  bonis  non. 

p.  277,  pi.  24.     15  March  1832,  P.  L.  143. 

Chester  county,  ss. 

I,  William  Baker,  Register  of  "Wills  and  granting  Letters  of 
Administration  in  and  for  the  County  of  Chester,  in  the  Com- 
monwealth of  Pennsylvania. 

P^    ,  T  To    George  Gregg ;    Greeting.     Whereas  John 

Gregg,  of  the  Township  of  Penn  in  said  county, 
lately  died  intestate,  having,  whilst  he  lived  and  at  the  time  of 
his  death,  divers  goods  and  chattels,  rights  and  credits  within 
said  county,  by  means  whereof  and  the  laws  and  usages  of  this 
Commonwealth,  the  power  of  granting  Letters  of  Administration 
thereof  is  in  me  vested,  since  whose  death  administration  of  all 
and  singular  the  goods,  chattels  and  credits  of  said  deceased  was 
granted  to  Sarah  Gregg,  who,  after  taking  such  administration 
upon  her,  intermeddled  in  the  said  goods,  chattels,  rights  and 
credits,  and  said  letters  of  administration  were  afterwards 
revoked  (or  as  the  case  may  be),  leaving  some  part  thereof  un- 
administered  and  not  fully  disposed  of.  Now  I,  the  said  Register, 
in  order  that  the  said  unadministered  goods,  chattels  and  credits 
may  be  well  and  faithfully  administered,  applied  and  disposed 
of  according  to  law.  Do  hereby  grant  unto  you,  the  said  George 
Gregg,  full  power  to  administer  tlie  goods  and  chattels,  rights 
and  credits  which  were  of  the  said  deceased,  left  unadministered 
as  aforesaid,  and  to  ask,  levy,  recover  and  receive  the  credits 
whatsoever  of  the  said  deceased,  which  at  the  time  of  his  death 
were  owing  or  did  in  any  way  being  to  him,  and  pay  the  debts 
in  which  the  said  deceased  stood  obliged,  so  far  as  the  said 


DECEDENTS.  143 

goods  and  chattels,  rights  and  credits  will  extend,  according  to 
their  rate  and  order  of  law. 

And  I  do  hereby  require  you,  the  said  George  Gregg,  upon 
your  solemn  oath,  well  and  truly  to  administer  the  said  unad- 
ministered  goods  and  chattels,  rights  and  credits  of  said  deceased, 
according  to  law,  and  also  diligently  and  faithfully  to  regard, 
and  well  and  truly  to  comply  with  the  provisions  of  the  law 
relating  to  Collateral  Inheritances. 

And  I  do,  by  these  presents,  ordain,  constitute  and  depute 
you,  the  said  George  Gregg,  Administrator  of  all  and  singular 
the  goods  and  chattels,  rights  and  credits,  which  were  of  the 
deceased  left  unadministered  as  aforesaid,  saving  harmless  and 
for  ever  indemnifying  me  and  all  other  oiBcers  against  all  per- 
sons by  reason  of  your  administration  aforesaid,  and  saving  all 
others  their  rights,  &c. 

In  testimony  w^hereof,  I  have  caused  the  seal  of  the  Regis- 
ter's OGEice  of  this  county  to  be  hereunto  affixed,  dated  at  West 
Chester  the  tenth  day  of  May,  A.  D.  1850. 

William  Baker, 

Register. 


22.  Petition  for  Guardian  of  Minor  over  fourteen. 

p.  278,  pi.  31.     29  March  1832,  P.  L.  191. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Chester : 

The  petition  of  George  Gregg  respectfully  represents,  That 
the  petitioner  is  a  minor  child  of  John  Gregg,  late  of  the  Town- 
ship of  Penn  in  said  county  of  Chester,  deceased,  above  the  age 
of  fourteen  years,  is  resident  within  said  county,  and  has  no 
Guardian  to  take  care  of  his  person  and  estate. 

He  therefore  prays  the  Court  to  admit  him  to  make  choice 
of  a  guardian  for  the  purpose  aforesaid. 

And  he  will,  &c. 

April  2G,  1859.  George  Gregg. 


144  DECEDENTS. 

23.  Petition  for  Guardian  of  Minor  under  fourteen. 

p.  278,  pi.  31.     29  March  1832,  P.  L.  191. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  James  Gregg,  by  his  mother  and  next  friend, 
Sarah  Gregg,  respectfully  represents.  That  the  petitioner  is  a 
minor  child  of  John  Gregg,  late  of  the  Township  of  Penn  in 
said  county,  deceased,  under  the  age  of  fourteen  years,  is  resi- 
dent within  said  county,  and  has  no  guardian  to  take  care  of 
his  person  and  estate. 

He  therefore  prays  the  Court  to  appoint  a  guardian  for  the 

purpose  aforesaid. 

James  Gregg, 

by  his  Mother, 

April  26,  1859.  Saeah  Gregg. 


24.  Petition  to  change  Guardian. 

p.  278,  pi,  31.     29  iMarch  1832,  P.  L.  191. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  William  Gregg  respectfully  represents. 

That  the  petitioner  is  a  minor  child  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased,  and  is  a  resident 
within  said  county : 

That  on  the  first  day  of  May,  A.  D.  one  thousand  eight  hun- 
dred and  fifty,  this  Court  appointed  George  Jones  guardian  of 
the  petitioner's  person  and  estate,  the  petitioner  being  then 
under  the  age  of  fourteen  years ;  that  he  has  now  arrived  at 
the  age  of  fourteen  years,  and  prays  the  Court  to  admit  him  to 
make  choice  of  a  guardian  for  his  person  and  estate.((if) 

And  he  will,  &c. 

April  1,  1859.  William  Gregg. 

(a)   Lee's  Appeal,  3  Cas.  Eq.  229. 


DECEDENTS.  145 


25.    Petition   of  Executor,  for    Guardian  for   Non-Resident 

Minor. 

p.  278,  pi.  32.     25  April  1850,  P.  L.  576. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Robb,  Executor,  &c.,  of  Charles  Robb, 
late  of  the  Township  of  Penn  in  the  said  County  of  Chester, 
deceased,  respectfully  represents. 

That,  by  the  will  of  said  Charles  Robb,  a  legacy  of  five  hun- 
dred dollars  was  bequeathed  to  George  Rex,  a  minor  under  the 
age  of  fourteen  years,  residing  in  the  County  of  Butler,  and 
State  of  Ohio;  that  said  legacy  is  within  the  jurisdiction  of  this 
Court,  being  in  the  hands  of  the  petitioner,  who  as  Executor 
aforesaid,  is  interested  in  said  estate. 

The  petitioner  therefore  prays  the  Court  to  appoint  a  Guar- 
dian of  the  said  estate  of  the  aforesaid  minor. 

And  he  will,  &c. 

John  Robb. 
April  1,  1859. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


26.   Petition   of  Foreign    Guardian   to   he   appointed  in   this 

State. 

p.  278,  pi.  36.     29  March  1832,  P.  L.  191. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Thomas,  of  Butler  County  in  the  State 
of  Ohio,  respectfully  represents. 

That  he  has  been  appointed  by  the  Probate  Court  of  the 
County  of  Butler,  guardian  of  the  person  and  estate  of  George 
Rex,  a  minor  child  of  John  Rex,  late  of  the  said  County  of 
Butler,  deceased,  as  appears  by  a  duly  authenticated  copy  of 
the  record  of  said  Probate  Court,  hereto  annexed : 

That  the  said  George  Rex  is  entitled,  under  the  will  of  Charles 
10 


146  DECEDENTS. 

Robb,  late  of  the  Township  of  Penn  in  the  said  County  of  Ches- 
ter, deceased,  to  a  legacy  of  five  hundred  dollars.  The  peti- 
tioner therefore  prays  the  Court  to  appoint  him  Guardian  of  the 
person  and  estate  of  said  minor  in  the  State  of  Pennsylvania, 
on  his  giving  security  for  the  due  performance  of  the  trust,  ac- 
cording to  the  Act  of  Assembly  in  such  case  made  and  pro- 
vided. 

And  he  ■will,  &c. 

John  Thomas. 
April  1,  1859. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


27.  Petition  for  Appointment  of  G-uardian   of  Child  of  Pro- 
fligate Father. 

p.  701,  pi.  23.     4  May  1855,  P.  L.  430. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Charles  Mann  of  said  county,  respectfully 
represents, 

That  he  is  the  maternal  uncle  of  Thomas  Reed,  who  is  a 
minor  child  of  George  Reed  of  said  county : 

That  the  said  George  Reed,  by  reason  of  drunkenness  (or  as 
the  case  may  be),  has  neglected  and  refused  to  provide  for  his 
child,  the  said  Thomas  Reed ;  that  Martha  Reed,  the  mother  of 
the  said  child,  is  dead  (or  as  the  case  may  be). 

The  petitioner  therefore  prays  the  Court  to  appoint  a  Guar- 
dian for  said  Thomas  Reed,  to  perform  the  duties  provided  for 
by  the  Act  of  Assembly  in  such  case  made  and  provided. 

And  he  will,  &c. 

April  1,  1859.  Charles  Mann. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


DECEDENTS.  147 


28.  Petition  of  Foreign  Gruardian  to  Remove  Property  of 

Ward. 

P.  280,  pi.  44.     21  April  1856,  P.  L.  495. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Thomas  of  Butler  County  in  the  State 
of  Ohio,  respectfully  represents  : 

That  he  is  guardian  of  George  Rex,  a  minor  child  of  John 
Rex,  late  of  the  said  County  of  Butler  and  State  of  Ohio,  de- 
ceased, and  that  the  petitioner  and  his  ward  both  reside  in  the 
said  County  and  State : 

That  the  said  ward  is  entitled  to  the  sum  of  five  hundred 
dollars,  under  the  will  of  Charles  Robb,  late  of  the  Township  of 
Penn  in  the  said  County  of  Chester,  deceased,  which  sum  of 
money  is  now  in  the  hands  of  John  Robb,  Executor,  &c.,  of  the 
said  Charles  Robb,  deceased,  and  said  John  Robb  is  also  a  resi- 
dent of  said  County  of  Chester. 

The  petitioner  herewith  produces  to  this  Court,  from  the  Pro- 
bate Court  of  the  said  County  of  Butler,  certificates  according 
to  the  Acts  of  Congress  in  such  cases,  that  he  has  given  bond 
and  security  as  guardian  in  the  said  Court,  in  the  sum  of  one 
thousand  dollars,  and  shows  to  this  Court,  by  the  will  of  the  said 
Charles  Robb  herewith  exhibited,  that  the  removal  of  the  said 
sum  of  five  hundred  dollars  will  not  conflict  with  the  terms  or 
limitations  attending  the  right  by  which  the  said  George  Rex 
owns  the  same.  The  petitioner,  further  showing  to  the  Court  that 
an  act  similar  to  that  under  which  this  application  is  made,  exists 
in  the  State  of  Ohio,(a)  therefore  prays  the  Court  to  adjudge  that 
the  proof  is  satisfactory,  that  he  has  given  bond  and  security  as 
aforesaid  and  that  the  removal  of  said  property  will  not  con- 
flict with  the  terms  or  limitations  aforesaid,  in  order  that  he 

(a)  It  is  not  known  that  such  act  exists  in  Ohio  ;  this  is  inserted  to  complete 
the  form. 


148  DECEDENTS. 

may  demand  and  sue  for  and  remove  said  property  to  the  afore- 
said place  of  residence  of  himself  and  ward. 

And  he  will,  &:c. 

April  1,  1859.  John  Thomas. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


29.  Order  of  Court  authorizing  Foreign  Gruardian  to  Remove 
Ward's  Property. 

p.  280,  pi.  44,  45.     21  April  1856,  P.  L.  495. 

At  an  Orphans'  Court,  held  and  kept  at  "West  Chester 
[Seal.]         for  the  County  of  Chester,  the  first  day  of  Api'il, 
Anno  Domini   one  thousand  eight  hundred  and 
fifty-nine,  before  the  Honorable  Townsend  Haines, 
President,  and  his  Associates,  Justices  present. 
Upon  hearing   the  petition  of  John    Thomas,  guardian  of 
George  Rex,  a  minor  child  of  John  Rex,  late  of  the  Township  of 
Butler  in  the  State  of  Ohio  deceased,  and  it  appearing  to  the 
Court,  that  said  John  Thomas  and  George  Rex  his  ward  both 
reside  in  the  said  County  of  Butler,  the  Court  adjudge  the  proof 
to  be  satisfactory  that  the  said  John  Thomas  has  given  bond 
and  security  in  the  said  state  of  Ohio,  in  the  sum  of  one  thou- 
sand dollars,  being  double  the  amount  of  a  legacy  of  five  hun- 
dred dollars  to  which  the  said  George  Rex  is  entitled  under 
the  will  of  Charles  Robb,  late  of  the  Township  of  Penn  in  the 
said  County  of  Chester  deceased,  and  the  Court  having  found 
that  the  removal  of  the  said  sum  of  five  hundred  dollars  will 
not  conflict  with  the  terms  and  limitations  attending  the  right 
by  which  the  said  George  Rex  owns  the  said  property  or  sum 
of  money,  according  to  the  provisions  of  the  Act  of  Assembly 
passed  the  twenty-first  day  of  April,  A.  D.  1856,  and  the  Court 
being  satisfied  that  an  act  similar  to  the  act  aforesaid  exists  in 
the  said  State  of  Ohio,  the  said  John  Thomas  is  authorized  to 
demand  and  sue  for  and  remove  said  property  or  legacy  afore- 
said to  the  said  County  of  Butler  and  State  of  Ohio. 

By  the  Court, 

M.  Ayars, 

Clerk. 


DECEDENTS.  149 

30.  Notice  to  Resident  Guardian  of  Api^lication  for  his 
Discharge. 

p.  2S0,  pi.  45.     21  April  1856,  P.  L.  495. 

To  George  Gregg,  guardian,  &c.,  of  George  Rex,  a  minor 
cliild  of  John  Rex,  late  of  the  County  of  Butler,  and  State  of 
Ohio,  deceased. 

Sir, — Please  to  take  notice,  that  an  application  will  be  made 
to  the  Oi'phans'  Court  of  Chester  County,  on  the  first  day  of  May 
next,  for  an  order  discharging  you  as  resident  guardian  of  said 
George  Rex,  and  for  delivering  and  passing  over  of  the  property 
of  said  minor,  &c.,  to  the  undersigned,  guardian  appointed  by  the 
Probate  Court  of  said  County  of  Butler,  in  the  State  of  Ohio. 

April  1,  1859.  John  Thomas. 


31.  Petition  to  discharge  Resident  Guardian. 

p.  280,  pi.  45.     21  April  1856,  P.  L.  495. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Thomas,  of  Butler  County,  in  the  State 
of  Ohio,  respectfully  represents  : 

That  he  is  guardian  of  George  Rex,  a  minor  child  of  John 
Rex,  late  of  the  same  County  of  Butler,  deceased,  and  that  the 
petitioner  and  his  ward  both  reside  in  the  same  County  of  Butler. 

The  petitioner  herewith  produces  an  exemplification  from  the 
Probate  Court  of  said  County  of  Butler  (the  same  being  the 
proper  Court),  containing  all  the  entries  on  record  in  relation 
to  his  appointment  and  giving  bond,  and  authenticated  as 
required  by  the  Act  of  Congress  in  such  cases. 

The  petitioner  further  represents,  that  George  Gregg,  residing 
in  said  County  of  Chester,  was  on  the  first  day  of  June,  A.  D. 
1858,  appointed  by  this  Court  guardian  of  the  estate  of  the  said 
George  Rex  ;  the  petitioner  showing  to  the  Court  by  a  copy  of 
notice  and  proof  of  service  hereto  annexed,  that  he  has  given 
thirty  days'  notice  of  this  application  to  the  said  George  Gregg, 


150  DECEDENTS. 

and  also  that  an  act  similar  to  that  under  which  this  application 
is  made  exists  in  the  State  of  Ohio,  therefore  prays  the  Court 
to  cause  suitable  orders  to  be  made  discharging  the  said  George 
Gregg,  and  authorizing  the  delivery  and  passing  over  the  pro- 
perty of  the  said  George  E-ex,  in  his  possession,  to  the  petitioner, 
and  requiring  receipts  to  be  passed  and  recorded,  if  this  Court 
shall  deem  it  advisable. 

And  he  will,  &c. 
May  1,  1859.  John  Thomas. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


32.   Order  of  Court  discharging  Resident  Cruardian. 

p.  280,  pi.  45.     21  April  1856,  P.  L.  495. 

At  an  Orphans'  Court  held  and  kept  at  West  Ches- 
[Seal.]  ter  for  the  County  of  Chester,  the  first  day  of 

May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred    and    fifty-nine,  before  the    Honorable 
Townsend   Haines  and   his  Associates,  Justices 
present : 
Upon  hearing  the  petition  of  John  Thomas,  and  it  appearing 
to  the  Court  by  exemplication  from  under  the  seal  of  the  Pro- 
bate Court  (being  the  proper  Court),  of  the  County  of  Butler, 
and  State  of  Ohio,  the  residence  of  said  John  Thomas,  contain- 
ing all  the  entries  on  record  in  relation  to  his  appointment  and 
giving  bond,  and  authenticated  as  required  by  the  Act  of  Con- 
gress, that  the  said  John  Thomas  has  been  duly  appointed  guar- 
dian of  the  said  George  Rex  and  given  bond  with  sufficient 
security ;   and  it  further  appearing  that  thirty  days'  notice  has 
been  given  to  George  Gregg,  the  resident  guardian  of  the  said 
minor,  of  the  intended  application  for  the  removal  of  the  said 
George  Gregg,  and  also  that  an  act  similar  to  the  act  under 
which  this  order  is  made  exists  in  the   State  of   Ohio  :    The 
Court  do  order  that  the  said  George  Gregg  be  and  he  hereby  is 
discharged  from  his  duties  and  trust  as  guardian  aforesaid,  and 


DECEDENTS. 


151 


is  authorized  to  deliver  and  pass  over  the  property  of  said  minor 
in  his  hands  to  the  said  John  Thomas,  who  is  hereby  required 
to  pass  to  the  said  George  Gregg  receipts  for  the  same  acknow- 
ledged or  proved  so  as  to  be  recorded. 

By  the  Court, 

M.  Ayars, 

Clerk. 


•  33.  Inventory  of  Minor  s  Estate. 

p.  279,  pi.  38.     29  March  1832,  P.  L.  192. 

Inventory  of  George  Jones,  guardian  of  the  person  and  estate 
of  James  Gregg,  a  minor  child  of  John  Gregg,  late  of  the  Town- 
ship of  Penn  in  the  County  of  Chester,  deceased. 


Bond  of  John  Rex  to  said  John  Gregg, 
dated  April  1, 1857,  payable  in  one 
year,  with  interest  assigned  to  Guar- 
dian by  Sarah  Gregg  Administratrix, 
&c.,  of  said  deceased. 

Interest  on  same  from  April  1,  1859,   . 

Cash  received  from  said  Administratrix, 


Chester  county,  ss. 

George  Jones,  Guardian,  &c.,  of  James  Gregg,  the  above- 
named  minor,  being  duly  sworn  says,  that  the  foregoing  is  a  just 
and  true  inventory  and  statement  of  all  the  property  and  estate 
of  his  said  ward  which  has  come  into  his  hands  or  possession  or 
into  the  hands  or  possession  of  any  person  for  him,  to  the  best 
of  his  knowledge  and  belief. 

Sworn  and  subscribed,  >^  George  Jones. 

June  1,  1859,  before  f 

George  Fisher,       [ 
Clerk  of  Orphans'  Court. 


152 


DECEDENTS. 


34.    Triennial  Account  of  Guardian. 

p.  279,  pi.  39.     29  March  1832,  P.  L.  192. 

The  Triennial  Account  of  George  Jomes,  Guardian,  &c.,  of 
James  Gregg,  a  minor  child  of  John  Gregg,  late  of  the  Town- 
ship of  Penn  in  the  County  of  Chester,  deceased. 


The  Guardian  is  chargeable  as  follows, 

1856. 

viz. : — 

June  1. 

To  the  amount  of  inventory  filed  at  this 

1857. 

date,        ...... 

$6010 

00 

April  1. 

To  10  months'  interest  on  $5800, 

290 

00 

1858. 

To  1  year's  interest  on  $5900,     . 

354 

00 

April  1. 

To  ward's  share  ^  of  3  years'  rent  of 
farm  in  Penn  Township,  at  $300  per 

1859. 

annum,   ...... 

225 

00 

April  1. 

To  1  year's  interest  on  $6000 

360 

00 

$7239 

00 

The  Guardian  is  entitled  to  credits  as 

1855. 

follows,  viz.  : — 

May  1. 

By  Cash  paid  Clerk  of  Orphans'  Court 

for  certificate  of  appointment,  . 

88 

By  Cash  paid  William  Marshall,  Esq., 

1856. 

professional  services. 

5 

00 

June  1. 

By  Cash  paid  Clerk  of  Orphans'  Court 

for  filing  Inventory, 

50 

By  Cash  paid  Sarah  Gregg,  boarding 

ward  1  year  to  April  1,  1856,  . 

90 

00 

By  Cash  paid  do.  sundry  bills  of  cloth- 

ing and  other  expenses  for  ward,  to 

date,       ...... 

42 

00 

April  1. 

By  Cash  paid  Sarah  Gregg,  boarding 

ward  to  date,  1  year. 
Carried  forward, 

90 

00 

$228 

38 

DECEDENTS. 


153 


1857. 

Brought  forward, 

$228 

38 

April  1. 

By  Cash  paid  do.  sundry  bills  of  cloth- 

ing, &c.,  to  date,      .... 

47 

00 

By  Cash,  pocket-money  to  ward  at  sun- 

1858. 

dry  times,        ..... 

o 
O 

12 

April  1. 

By  Cash,  Lewis  Marshall    tuition  and 

boarding  1  term,      .... 

50 

00 

u 

By  Cash  paid  Sarah  Gregg,  7  months' 

boarding  of  ward,    .... 

GO 

00 

By  Cash  paid  do.  for  clothing,  &c.,  for 

1859. 

ward,       ...... 

75 

00 

April  1. 

By  Cash  paid  Lewis  Marshall,  tuition 

and  boarding,  two  terms, 

100 

00 

a 

By  Cash  paid  Sarah  Gregg,  two  months' 

boarding  of  ward,    .... 

20 

00 

May  30. 

By  Compensation  to  Guardian,     . 

By  Cash  paid  Clerk  of  Orphans'  Court, 

217 

00 

filing  this  account,  .... 

50 

Balance,      ...... 

G438 

00 

1859. 

$7239 

00 

To  Balance, 


$6438  1  00 


Chester  county,  ss. 

George  Jones,  being  duly  sworn  says,  that  the  foregoing  is  a 
correct  account  of  his  management  of  his  trust  as  Guardian  of  the 
therein-named  James  Gregg,  to  the  thirtieth  day  of  May,  1859. 

Sworn  and  subscribed,  May  30,^  George  Jones. 

'         1859,  before 

George  Fisher, 
Clerk  of  Orphans'  Court. 


35.  Petition  of  Cruardian  for  Discharge. 

p.  279,  pi.  40.     29  March  1882,  P.  L.  192. 

To  the   Honorable,  the  Judges  of  the  Orphans'    Court  of 
of  Chester  County : 


154  DECEDENTS. 

The  petition  of  George  Jones,  Guardian,  &c.,  of  James  Gregg, 
a  minor  child  of  John  Gregg,  late  of  the  Township  of  Penn  in 
said  county,  deceased,  respectfully  represents. 

That  on  the  first  day  of  May,  a.  d.  1856,  he  was  appointed 
by  this  Court  guardian  of  the  person  and  estate  of  the  above- 
named  James  Gregg,  and  took  upon  himself  the  burden  of  the 
execution  of  said  trust ;  that  he  has  continued  to  act  as  guardian 
aforesaid,  and  since  his  appointment  has  received  of  the  minor's 
estate  the  sum  of  seven  thousand  dollars,  and  has  expended  for 
and  on  account  of  said  minor,  up  to  this  time,  the  sum  of  one 
thousand  dollars,  leaving  in  his  hands  a  balance  of  six  thousand 
dollars  due  said  minor,  as  will  particularly  appear  by  the 
account  of  the  management  of  the  said  trust  which  is  herewith 
rendered  to  the  Court ;  and  that  the  said  James  Gregg  is  still 
a  minor. 

The  petitioner  further  represents,  that  by  reason  of  (state 
the  reasons),  he  is  desirous  to  be  relieved  from  the  said  trust; 
he  therefore  prays  the  Court  to  discharge  him  from  the  duties 
of  his  appointment  as  guardian  aforesaid,  upon  his  surrender- 
ing the  residue  of  the  estate  standing  upon  his  account  to  a 
subsequent  guardian  of  said  minor,  or  to  such  other  person  as 
the  Court  shall  appoint  to  receive  the  same. 

And  he  will,  &c. 

May  1,  1859.  George  Jones. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


36.   Order  of  Court  on  Petition  of  Guardian  for  Discharge. 

p.  279,  pi.  40.     29  xMarch  1832,  P.  L.  192. 

1859,  May  1.  The  within  petition  is  held  under  advisement 
and  the  account  accompanying  the  same  is  submitted  for  exami- 
nation to  George  Rex,  John  Robb  and  Charles  Way,  Auditors  : 
and  Samuel  Gregg  is  appointed  to  appear  and  act  for  said 
minor  in  respect  to  the  settlement  of  said  account. 

By  the  Court. 


DECEDENTS.  155 

37.   Order  discharging  Guardian  after  Report  of  Auditors. 

p.  279,  pi.  40.     29  March  1832,  pi.  192. 

1859,  June  12.  The  report  of  George  Rex,  John  Robb  and 
Charles  Way,  Auditors  to  examine  the  account  of  George  Jones, 
Guardian,  &c.,  of  James  Gregg,  a  minor  child  of  John  Gregg, 
late  of  the  Township  of  Penn  in  the  County  of  Chester,  de- 
ceased, showing  the  residue  of  the  estate  standing  upon  said 
account  to  be  six  thousand  dollars,  having  been  read,  is  con- 
firmed by  the  Court,  and  the  said  George  Jones  is  discharged 
from  the  duties  of  his  appointment  as  guardian  aforesaid,  upon 
his  paying  said  residue  to  Job  Wilson,  now  appointed  guardian 
of  said  James  Gregg. 


38.   Order  discliarging  Guardian  without  Auditors. 

P.  279,  pi.  40.     29  March  1832,  P.  L.  192. 

1859,  May  1.  The  within  petition  having  been  read  and  the 
account  of  the  said  guardian  accompanying  the  same  having 
been  examined  by  the  Court,  and  the  appointment  of  Auditors 
to  examine  the  same  not  found  necessary ;  the  said  account  is 
confirmed,  and  the  said  George  Jones  is  discharged  from  the 
duties  of  his  appointment,  upon  his  surrendering  the  residue  of 
said  estate  standing  upon  said  account,  to  wit,  the  sum  of  six 
thousand  dollars,  to  Job  Wilson,  who  is  now  appointed  guardian 
of  said  James  Gre^s:. 

By  the  Court. 


C30' 


39.   Petition  for  removal  of  Guardian. 

P.  279,  pi.  41.     29  March  1832,  P.  L.  192. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  James  Gregg,  a  minor,  by  Sarah  Gregg,  his 
mother  and  next  friend,  respectfully  represents. 

That  he  is  a  child  of  John  Gregg,  late  of  the  Township  of 
Penn  in  the  County  of  Chester,  deceased  : 

That  on  the  first  day  of  May,  A.  D.  1856,  George  Jones  was 
appointed  by  this  Court  guardian  of  the  person  and  estate  of 


156  DECEDENTS. 

the  petitioner,  and  that  estate  of  the  petitioner  to  the  amount  of 
six  thousand  dollars  passed  into  the  hands  of  the  said  guardian 
as  appears  by  an  inventory  of  said  estate  filed  in  the  office  of  the 
Clerk  of  this  Court  on  the  first  day  of  June,  1856 ;  that  the 
said  guardian  is  mismanaging  your  petitioner's  estate,  by  in- 
vesting his  moneys  in  unsafe  securities  (or  as  the  case  may  be), 
(or  misconducting  himself  in  respect  to  the  maintenance,  educa- 
tion and  moral  interest  of  the  petitioner, — set  out  particulars). 
The  petitioner  therefore  prays  the  Court,  on  due  proof  of  the 
allegations  of  this  petition,  to  remove  said  George  Jones  from 
his  trust  as  guardian  of  your  petitioner,  and  to  make  such  other 
order  and  decree  touching  the  premises  as  the  interests  of  the 
petitioner  may  require. 

And  he  will,  &c. 

James  Gregg,  By 
May  1,  1858.  Sarah  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


40.    Order  citing  Guardian  on  application  to  Remove. 

p.  279,  pi.  41.     29  March  1832,  P.  L.  192, 

May  1,  1858.  Upon  hearing  the  within  petition,  the  Court 
direct  a  citation  to  be  issued  to  the  said  George  Jones  to  ap- 
pear before  this  Court  on  the  twelfth  day  of  June  next,  at  10 
o'clock,  to  show  cause  why  he  should  not  be  removed  from  his 
guardianship  of  the  said  James  Gregg,  and  to  abide  all  orders 
and  decrees  of  the  Court  in  the  premises. 

By  the  Court. 


41.   Citation  to  Guardian. 

p.  279,  pi.  41.     29  March  1832,  P.  L.  192. 

Chester  county,  ss. 

l-„     ,  -.  The  Commonwealth  of  Pennsylvania,  to  George 

L        ■-'      Jones,  Greeting : 

Whereas  at  an  Orphans'  Court,  held  and  kept  at  West 
Chester  for  the  said  County  of  Chester,  on  the  first  day  of 
May  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 


DECEDENTS.  157 

fifty-eight,  before  the  Honorable  To"WTisend  Haines,  President 
Judge  of  the  Court  of  Common  Pleas  of  said  county  and  his 
Associates,  Judges  of  said  Orphans'  Court : 

The  petition  of  James  Gregg  was  presented,  setting  forth 
that  he  is  a  minor  child  of  John  Gregg,  late  of  the  Township  of 
Penn  in  said  county,  deceased.  That  on  the  first  day  of  May, 
A.  D.  1856,  George  Jones  above  named  was  appointed  by  said 
Orphans'  Court  guardian  of  the  person  and  estate  of  the  peti- 
tioner, and  that  estate  of  the  petitioner  to  the  amount  of  six 
thousand  dollars  passed  into  the  hands  of  the  said  guardian ; 
that  the  said  guardian  is  mismanaging  the  petitioner's  estate 
by  investing  his  moneys  in  unsafe  securities  (or  as  the  case  may 
be),  and  praying  the  Court  upon  due  proof  of  the  allegations 
in  said  petition  to  remove  the  said  George  Jones  from  his  trust 
as  guardian  aforesaid,  and  to  make  such  other  order  and  decree 
touching  the  premises  as  the  interests  of  the  petitioner  may 
require. 

You,  the  said  George  Jones,  are  therefore  hereby  commanded 
to  be  and  appear  before  the  said  Judges  at  an  Orphans'  Court 
to  be  held  at  West  Chester  for  the  said  County  of  Chester,  on 
the  twelfth  day  of  June  next,  at  10  o'clock  in  the  forenoon  of 
said  day,  to  show  cause  why  you  should  not  be  removed  from 
your  trust  as  guardian  aforesaid,  and  to  submit  to  such  other 
orders  and  decrees  as  said  Court  shall  make  touching  the 
premises. 

By  the  Court. 

George  Fisher, 
Clerk  of  Orphans'  Court. 


42.  Petition  for  Allowance  to  Minor. 

p.  279,  pi.  42.     29  March  1832,  P.  L.  192. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  a  minor  child  of  John  Gregg, 
late  of  the  Township  of  Penn  in  the  County  of  Chester, 
deceased,  by  his  mother  and  next  friend,  Sarah  Gregg, 

Respectfully  represents,  That  the  said  John  Gregg  died  on 


158  DECEDENTS. 

the  first  day  of  May,  A.  D.  one  thousand  eight  hundred  and 
fifty-nine,  leaving  the  petitioner,  his  infant  child,  to  survive 
him,  without  having  made  an  adequate  provision  for  the  sup- 
port and  education  of  the  petitioner  during  his  minority ;  that 
the  petitioner  is  entitled  under  the  will  of  George  Gregg, 
deceased,  to  a  legacy  of  one  thousand  dollars,  which  is  now  in 
the  hands  of  his  guardian,  George  Jones :  That  the  petitioner 
"is  now  about  the  age  of  five  years,  and  has  no  other  estate  than 
the  legacy  above  mentioned.  He  therefore  prays  the  Court  to 
direct  a  suitable  periodical  allowance  out  of  the  said  estate  for 
his  support  and  education. 

And  he  will,  &c. 

James  Gregg,  by 

Sakah  Gregg. 
June  12,  1859. 
(Affidavit  of  Sarah  Gregg  to  truth  of  petition  to  be  appended.) 


43.  Petition  for  Allowance  to  Non-resident  3Iinor. 

p.  279,  pi.  43.     13  April  1840,  P.  L.  319. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  George  Jones,  Executor  of  the  last  will  and 
testament  of  John  Rex,  late  of  the  Township  of  Penn  in  said 
county,  deceased, 

Respectfully  represents.  That  the  said  John  Rex  died  in 
said  County  of  Chester  on  the  first  day  of  May  one  thousand 
eight  hundred  and  fifty-eight,  and  by  his  last  will  and  testament 
bequeathed  to  Samuel  Rex  the  sum  of  one  thousand  dollars ; 
that  the  said  Samuel  Rex  is  a  minor,  and  resides  in  the  County 
of  Butler  and  State  of  Ohio;  that  the  said  minor  has  no  estate 
or  means  for  his  support,  maintenance  and  education,  except 
the  aforesaid  legacy,  and  that  the  whole  of  the  same  is  neces- 
sary for  the  purposes  aforesaid. 

The  petitioner  therefore  prays  the  Court  to  make  such  ordei 
touching  the  payment  of  said  legacy  for  the  use  and  benefit  of 


DECEDENTS.  159 

said  Samuel  Rex,  as  to  the  Court  may  appear  to  be  necessary 
and  proper. 

And  he  will,  &c. 

May  1,  1859.  George  Jones. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


44.  Petition  of  Guardian  for  Refunding  Bond. 

P.  303,  pi.  182.     13  April  1859,  P.  L.  604. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  George  Jones,  late  guardian  of  Samuel  Rex, 
a  child  of  John  Rex,  late  of  the  Township  of  Penn  in  the  said 
County  of  Chester,  deceased, 

Respectfully  represents.  That  the  said  John  Rex  by  his  last 
will  and  testament,  dated  the  first  day  of  May,  a.  d.  one 
thousand  eight  hundred  and  fifty,  did  give  and  bequeath  to  the 
said  Samuel  Rex  a  legacy  of  one  thousand  dollars,  and  of  his 
said  will  appointed  George  Rex  the  Executor ;  that  at  the 
time  the  said  legacy  was  payable  the  said  Samuel  Rex  was  a 
minor,  and  upon  the  payment  of  said  legacy  to  the  petitioner 
as  his  guardian,  the  petitioner  gave  security  approved  of  by 
this  Court,  to  the  said  George  Rex,  Executor,  with  condition  to 
refund  the  same  according  to  the  Act  of  Assembly  in  such  case 
made  and  provided.  The  petitioner  further  represents  that  the 
said  Samuel  Rex  has  arrived  at  the  age  of  twenty-one  years, 
and  that  the  petitioner  is  ready  and  desirous  to  pay  him  the 
sum  of  one  thousand  dollars,  being  the  amount  of  said  legacy, 
receiving  from  the  said  Samuel  Rex  a  refunding  bond  to  indem- 
nify him,  the  petitioner,  to  the  amount  he  may  pay  to  the  said 
Samuel  Rex  as  aforesaid. 

The  petitioner  therefore  showing  to  the  Court  here  tliat  he 
has  given  such  security,  prays  that  the  said  Samuel  Rex  may 
be  required  to  enter  into  refunding  bond  or  other  obligation 
under  the  direction  of  this  Court  to  indemnify  the  petitioner  as 
aforesaid. 

And  he  will,  &c. 

June  1,  1859.  George  Jones. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


160  DilCEDENTS. 

45.   Order  of  Court  for  Refunding  Bond. 

p.  303,  pi.  152.     13  April  1859,  P.  L.  604. 

June  1,  1859.  Upon  hearing  the  petition  of  George  Jones, 
and  it  appearing  to  the  Court  that  the  allegations  therein  are 
true,  it  is  ordered  that  upon  the  payment  by  the  said  George 
Jones  of  the  said  sum  of  one  thousand  dollars  therein  mentioned 
to  the  said  Samuel  Rex,  he  may  require  of  the  said  Samuel 
Rex  a  refunding  bond  with  two  sufficient  sureties  in  the  penalty 
of  two  thousand  dollars,  with  condition  to  indemnify  the  said 
George  Jones  from  all  loss  and  damage  which  he  may  or  shall 
sustain  by  reason  of  the  payment  of  the  said  sum  of  one  thou- 
sand dollars  to  the  said  Samuel  Rex. 


46.  Refunding  Bond  to  Guardian. 

p.  303,  pi.  182.     13  April  1859,  P.  L.  604. 

Know  all  men  by  these  presents,  that  we,  Samuel  Rex,  "Wil- 
liam Jones  and  George  Wilson,  all  of  the  County  of  Chester  and 
State  of  Pennsylvania,  are  held  and  firmly  bound  unto  George 
Jones,  late  guardian  of  the  said  Samuel  Rex,  in  the  sum  of  two 
thousand  dollars,  lawful  money  of  the  United  States,  to  be  paid 
to  George  Jones,  his  certain  attorney,  executors,  administra- 
tors and  assigns,  to  which  payment  well  and  truly  to  be  made 
we  do  bind  ourselves,  our  heirs,  executors  and  administrators, 
jointly  and  severally,  firmly  by  these  presents.  Sealed  with  our 
seals,  dated  the  first  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-nine  : 

Whereas  John  Rex,  late  of  the  Township  of  Penn  in  said 
County,  deceased,  did  by  his  last  will  and  testament  give  and 
bequeath  to  the  said  Samuel  Rex  a  legacy  of  one  thousand 
dollars,  which  was  paid  by  George  Rex,  Executor,  &c.,  of  the 
said  John  Rex,  deceased,  to  the  said  George  Jones,  guardian  of 
the  said  Samuel  Rex,  he,  the  said  George  Jones,  giving  to  said 
Executor  a  refunding  bond,  conditioned  according  to  the  Act 
of  Assembly  in  such  case  made  and  provided.  And  Whereas 
the  said  Samuel  Rex  having  arrived  at  full  age,  and  the  said 
George  Jones  having  represented  to  the  Orphans'  Court  of 
Chester  County  that  he  is  ready  and  desirous  to  pay  the  said 
legacy  to  the  said  Samuel  Rex,  the  Orphans'  Court  did  on  the 


DECEDENTS.  161 

first  (lay  of  June,  A.  D.  one  thousand  eight  hundred  and  fifty- 
nine,  direct  him  upon  payment  of  the  said  sum  of  one  thousand 
dollars  to  the  said  Samuel  Rex,  to  require  of  him  a  refunding 
bond  in  the  penalty  of  two  thousand  dollars  with  two  sufficient 
sureties,  conditioned  to  indemnify  the  said  George  Jones  for 
all  loss  or  damage  which  he  may  or  shall  sustain  by  reason  of 
the  payment  of  the  said  sum  of  one  thousand  dollars  to  the  said 
Samuel  Rex  as  aforesaid : 

And  whereas  the  said  George  Jones  has,  at  and  upon  the 
delivery  of  these  presents,  paid  to  the  said  Samuel  Rex  the 
said  sum  of  one  thousand  dollars : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
Samuel  Rex,  William  Jones  and  George  Wilson  or  either  of 
them,  shall  and  do  indemnify  the  said  George  Jones  from  all 
loss  and  damage  which  he  may  or  shall  sustain  by  reason  of  the 
payment  of  the  said  sum  of  one  thousand  dollars  to  the  said 
George  Jones,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the 
presence  of 

David  Bond, 
Abel  Lea. 


47.  Renunciation  of  Person  entitled  to  Administration. 

To  William  Baker,  Esq.,  Register  of  Wills  of  Chester  County, 
Pennsylvania : 

Sir — I,  Sarah  Gregg,  widow  of  John  Gregg,  late  of  the  Town- 
ship of  Penn  in  said  county,  deceased,  do  hereby  renounce  all 
my  right  to  Letters  of  Administration  upon  the  estate  of  said 
deceased,(a)  requesting  that  the  same  may  be  granted  to  Edward 
Gregg,  a  son  of  said  deceased. 

Witness  my  hand  this  twentieth  day  of  May,  A.  d.  one  thou- 
sand eight  hundred  and  sixty. 

Witnesses,  ^  Sarah  Gregg. 

John  Boyd,         > 
Jacob  Davis.      J 

(a)  Vide  Shomo's  Ajipeal,  7  P.  F.  Smith  356. 
11 


^      Samuel  Rex, 

[L. 

S.] 

V     William  Jones, 

[L. 

S.] 

J      George  Wilson. 

[L. 

S.] 

162 


DECEDENTS. 


48.  Inventory  and  Appraisement  of  Goods,  ^c,  of  Decedent. 

p.  280,  pi.  47,  48.     15  March  1832,  P.  L.  139. 

In  the  matter  of  the  estate  of  John  Gregg,  late  of  the  Town- 
ship of  Penn,  in  the  County  of  Chester,  deceased. 
Chester  county,  ss. 

Samuel  Rex  and  George  Jones  being  duly  sworn  say,  that 
they  will  well  and  truly  and  without  prejudice  or  partiality,  value 
and  appraise  the  goods,  chattels  and  credits  which  were  of  the 
said  John  Gregg,  deceased,  and  in  all  respects  perform  their 
duty  as  appraisers  to  the  best  of  their  skill  and  judgment. 

Sworn  and  subscribed,  June  1,  ^  Samuel  Rex, 

1850,  before  >  George  Jones. 

Wm.  Baker,  Register.        j 

Inventory  of  all  the  goods,  chattels  and  credits  of  the  above- 
named  John  Gregg,  deceased. 


Two  horses,     . 

•         •         •         . 

$200 

00 

Wagon, 

.... 

50 

00 

Bond,  John  Wills, 

•         «         .         . 

500 

00 

Interest,  from  April  1, 

1850.    . 

Cash, 

•                •                •                • 

200 

S950 

00 

00 

Taken  and  appraised  June  1,  1850,  by 


Samuel  Rex, 
George  Jones. 


49.  Request   of  Widoiv  for   Appraisers   of  Elected  Personal 

Property. 

P.  281,  pi.  58,  59.     U  April  1851,  P.  L.  613.     8  April  1859,  P.  L.  425. 

To  Samuel  Gregg,  Administrator,  &c.,  of  John  Gregg,  late  of 
the  Township  of  Penn,  in  the  County  of  Chester,  deceased. . 

I,  Sarah  Gregg,  widow  of  said  deceased,  do  desire  to  retain 
personal  property  of  said  deceased  to  the  value  of  three  hun- 
dred dollars,  and  request  that  the  same  may  be  appraised  and  set 
apart  according  to  law. 

June  1,  1850.  Sarah  Gregg. 


DECEDENTS. 


163 


50.  Affidavit  of  Appraisers  for  Widotv. 

P.  281,  pi.  58,  69.     14  April  1851,  P.  L.  613.     8  April  1859,  P.  L.  425,  pp.  432,  433, 
pi.  20,  21.     9  April  1849,  P.  L.  533. 

In  tlie  Matter  of  the  Estate  of  John  Gregg,  late  of  the 
Township  of  Penn,  in  the  County  of  Chester,  deceased. 

Chester  county,  ««. 

Samuel  Rex  and  George  Jones,  appraisers  of  the  personal 
estate  of  the  said  John  Gregg,  deceased,  being  duly  sworn,  say, 
that  they  will  well  and  truly  appraise  and  set  apart  personal 
property  of  the  said  deceased  to  the  value  of  three  hundred 
dollars,  elected  to  be  retained  by  Sarah  Gregg,  the  widow  of 
the  said  deceased,  for  the  use  of  herself  and  family. 


Sworn  and  subscribed,  June  1, " 
A.  D.  1859,  before 
H.  Fleming, 

Justice  of  Peace. 


r 


Samuel  Rex, 
George  Jones. 


61.  Inventory  of  Widow's  Election. 
Inventory  of   the  estate  of   the  above-named  John  Gregg, 
deceased,  elected  to  be  retained   by  Sarah  Gregg,  widow  of 
said  deceased. 


2  Beds, 

$50 

00 

6  Chairs, 

3 

00 

Table, 

4 

00 

Carpets,       ...... 

10 

00 

Cash, 

113 

00 

Note,  George  Wallace, 

120 

00 

$300 

00 

Appraised  and  set  apart  June  1,  1859. 

Samuel  Rex, 
George  Jones. 
I,  Sarah  Gregg,  widow  of  said  John  Gregg,  deceased,  do  elect 
to  retain  for  the  use  of  myself  and  family  the  personal  property 
set  out  in  the  foregoing  inventory. 
June  1,  1859.  Sarah  Gregg. 


164  DECEDENTS. 

52,   Certificate  of  Ajjpraisers. 

To  the  Honorable,  the  Judges   of  the  Orphans'  Court  of 
Chester  County : 

The  undersigned,  appraisers  of  the  personal  estate  of  John 
Gregg,  late  of  the  Township  of  Penn,  in  said  county,  deceased, 

Respectfully  certify.  That  after  having  being  sworn  in  due 
form  of  law,  they  made  the  foregoing  appraisement  of  the  per 
sonal  property  of  said  deceased,  elected  to  be  retained  by  Sarah 
Gregg,  widow  of  said  deceased,  as  is  therein  set  forth.     Witness 
our  hands,  the  first  day  of  June,  A.  D.  1859. 

Samuel  Rex, 
George  Jones. 


53.  Election  hy  Widow  of  Real  Estate. 

P.  281,  pi.  58,  59.     U  April  1851,  P.  L.  613.     8  April  1859,  P.  L.  425,  pp.  432,  433, 
pi.  20,  21,  22.     9  April  1849,  P.  L.  533. 

In  the  Matter  of  the  Estate  of  John  Gregg,  late  of  the 
Township  of  Penn,  in  the  County  of  Chester,  deceased. 

To  Samuel  Gregg,  Administrator,  &c.,  of  the  above-named 
John  Gregg,  deceased  : 

I,  Sarah  Gregg,  widow  of  said  deceased,  do  elect  to  retain 
real  property  belonging  to  the  estate  of  said  deceased  to  the 
value  of  three  hundred  dollars,  for  the  use  of  myself  and  family, 
and  request  that  you  will  cause  the  same  to  be  appraised  and 
set  apart  according  to  law. 

June  1, 1850.  Sarah  Gregg. 

Chester  county,  ss. 

Samuel  Rex  and  George  Jones,  appraisers  of  the  personal 
estate  of  the  said  John  Gregg  deceased,  being  duly  sworn  say, 
that  they  will  well  and  truly  and  without  prejudice  or  partiality, 
determine  whether  in  their  opinion  the  reat  estate  of  said  de- 
ceased can  be  divided,  so  as  to  set  apart  real  estate  to  the  value 
of  three  hundred  dollars  for  the  use  of  Sarah  Gregg,  widow  of 
said  deceased  and  her  family,  without  injury  to  or  spoiling  the 
whole,  and  if  so  that  they  will  set  apart  so  much  as  in  their 
opinion  shall  be  sufficient  to  answer  the  requirement  of  the  said 


DECEDENTS.  165 

widow   and  in   all   respects  perform  their  duty  as  appraisers 
according  to  law. 

Sworn  and  subscribed,  June^j  Samuel  Rex, 

1,  1850,  before  V  Geokgb  Jones. 

H.  Fleming,  J.  P.  J 


64.  Election  by  Widow  of  Real  Estate  where  Widow  is  Ad- 
ministratrix. 

In  tbe  matter  of  the  Estate  of  John  Gregg,  late  of  the  Town- 
ship of  Penn,  in  the  County  of  Chester,  deceased : 

I,  Sarah  Gregg,  widow  of  said  deceased,  having  elected  to 
retain  real  property  belonging  to  the  estate  of  said  deceased 
to  the  value  of  three  hundred  dollars,  for  the  use  of  myself 
and  family,  do  request  Samuel  Rex  and  George  Jones,  the  ap- 
praisers of  the  personal  estate  of  said  deceased,  to  appraise  and 
set  apart  the  same  according  to  law. 

June  1,  1850.  Sarah  Gregg. 

Chester  county,  ss. 

Samuel  Rex  and  George  Jones,  appraisers  of  the  personal 
estate  of  the  said  John  Gregg,  deceased,  being  duly  sworn  say 
that  they  will  well  and  truly  and  without  prejudice  or  partiality 
determine  whether  in  their  opinion  the  real  estate  of  said  de- 
ceased can  be  divided,  so  as  to  set  apart  real  estate  to  the  value 
of  three  hundred  dollars  for  the  use  of  Sarah  Gregg,  widow  of 
said  deceased,  and  her  family,  without  injury  to  or  spoiling  the 
whole,  and  if  so  that  they  will  set  apart  so  much  as  in  their 
opinion  shall  be  sufficient  to  answer  the  requirement  of  the  said 
widow  and  in  all  respects  perform  their  duty  as  appraisers  ac- 
cording to  law. 

Sworn  and  subscribed,  June  ^  Samuel  Rex, 

1,  1850,  before  V  George  Jones. 

H.  Fleming.      J 


166  DECEDENTS. 


55.  Return  of  Division  by  Appraisers. 

p.  281,  pi.  58,  59.     14  April  1851,  p.  L.  613.     8  April  1859,  P.  L.  425.     Pp.  432,  433, 
pi.  20,  21,  22.     9  April  1849,  P.  L.  533. 

To  tlie  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County : 

The  undersigned,  appraisers  of  the  personal  estate  of  John 
Gregg,  late  of  the  Township  of  Penn  in  said  county,  deceased, 
Do  certify. 

That  having  been  duly  sworn,  we  went  upon  the  real  estate 
of  said  deceased, — the  same  being  of  greater  value  than  three 
hundred  dollars, — and  having  viewed  the  same,  determined 
that  it  can  be  divided  without  injury  to  or  spoiling  the  whole ; 
and  have  set  apart  so  much  thereof  as,  in  our  opinion,  is  of  the 
value  of  three  hundred  dollars  and  no  more,  and  have  designated 
the  same  by  metes  and  bounds,  as  follows,  viz.  :  Beginning,  &c., 
(set  out  boundaries),  and  containing  two  acres  more  or  less? 
with  the  appertenances. 

Witness  our  hands  and  seals,  the  first  day  of  June,  A.  D.  one 
thousand  eight  hundred  and  fifty. 

Samuel  Rex,  [l.  s.] 
Geobge  JoifES.  [l.  s.] 


56.  Return  where  no  Division  by  Appraisers. 

p.  281,  pL  58,  59.     14  AprillSSl,  P.  L.  613.     8  April  1S59,  P.  L.  425.     Pp.  432,  433, 
pi.  20,  21,  22.     9  April  1840,  P.  L.  533. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County  : 

The  undersigned,  appraisers  of  the  personal  estate  of  John 
Gregg,  late  of  the  Township  of  Penn  in  the  County  of  Chester, 
deceased,  Do  certify, 

That  having  been  duly  sworn,  we  went  upon  the  real  estate 
of  the  said  deceased, — the  same  being  of  greater  value  than  three 
hundred  dollars, — and  having  viewed  the  same,  determined  that 
said  real  estate  could  not  be  divided  without  injury  to  or  spoiling 
the  whole. ' 


DECEDENTS.  167 

Witness  our  hands  and  seals,  the  first  day  of  June,  A.  D.  one 
thousand  eight  hundred  ajjd  fifty. 

Samuel  Rex,      [l.  s.] 
George  Jones,     [l.  s.] 


57.  Return  of  Appraisers  where  whole  Tract  is  worth  no  more 

than  $300. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County. 

The  undersigned,  appraisers  of  the  personal  estate  of  John 
Gregg,  late  of  the  Township  of  Penn  in  the  County  of  Chester 
deceased,  do  certify : 

That  having  been  duly  sworn  we  went  upon  the  real  estate 
of  said  deceased,  which  consists  of  a  single  messuage  or  tene- 
ment and  lot  of  ground,  and  having  viewed  the  same,  are  of 
opinion  that  the  same  is  of  the  value  of  three  hundred  dollars, 
and  no  more,  and  have  therefore  set  apart  the  same,  being  de- 
scribed by  metes  and  bounds  as  following,  viz. :  Beginning,  &c. 
(describing  it),  and  containing  two  acres  more  or  less,  with  the 
appertenances  for  the  use  of  Sarah  Gregg,  widow  of  said  deceased 
and  her  family. 

Witness  our  hands  and  seals  the  first  day  of  June  A.  D.  ono 
thousand  eight  hundred  and  fifty. 

Samuel  Rex,      [l.  s.] 
George  Jones,   [l.  s.j 


58.  Return  of  Appraisers  of  Land  under  ^600. 

p.  1458,  pi.  1.     27  November  1865,  P.  L.  (1866j  1227. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County. 

The  undersigned,  appraisei's  of  the  personal  estate  of  John 
Gregg,  late  of  the  Township  of  Penn  in  said  county,  deceased, 
Do  certify. 

That  having  been  duly  sworn,  we  went  upon  the  real  estate 


168  DECEDENTS. 

of  said  deceased,  which  consists  of  a  single  messuage  or  tenement 
and  lot  of  ground,  viz.  (or  as  the  case  may  be,  describing  it 
briefly) :  and  having  viewed  the  same,  determine  that  it  cannot 
be  divided  without  prejudice  to  or  spoiling  the  whole,  and  ap- 
praise and  value  the  same  at  the  sum  of  six  hundred  dollars. 

Witness  our  hands  and  seals,  the  first  day  of  April,  A.  D.  one 
thousand  eight  hundred  and  sixty. 

Samuel  Rex,      [l.  s.] 
Geokge  Jones,    [l.  s.] 


69.  Decree^  where  Land  is  Divided. 

In  the  Matter  of  the  Estate  ") 

OF  John  Gregg,  late  of  the  l^°  *^«  Orphans'   Court  of 

m         1  •       r  T)  ]  1    I       Chester  County, 

lownship  or  renn,  deceased.  J  "^ 

And  now,  to  wit,  July  15,  1850,  it  appearing  to  the  Court 
here,  by  the  return  of  the  appraisers  of  the  personal  estate  of 
the  said  John  Gregg,  deceased,  that  they  have  appraised  and 
set  apart  a  certain  portion  of  the  real  estate  of  the  said  deceased, 
designated  by  metes  and  bounds  as  follows,  viz.  :  Beginning, 
&c.  (set  out  boundaries),  and  containing  two  acres  more  or 
less  with  the  appertenances ;  being  so  much  of  the  real  estate 
of  the  said  deceased,  as  in  the  opinion  of  the  said  appraisers  is 
of  the  value  of  three  hundred  dollars  and  no  more ;  and  that 
Sarah  Gregg,  widow  of  said  deceased,  has  elected  to  retain  the 
same  for  the  use  of  herself  and  family ;  the  court  do  thereupon 
order  and  adjudge  the  same  to  the  said  Sarah  Gregg,  widow 
aforesaid,  for  the  use  of  herself  and  family. 


60.  Decree,  toJiere  ivhole  Tract  is  worth  no  more  than  $300. 

In  the  matter  of  the  Estate  "] 

OF  John   Gregg,  late   of  thel^"    hester^C^^  ^ 
Township  of  Penn,  deceased.      J  ^' 

And  now,  to  wit,  July  15,  1850,  it  appearing  to  the  Court 


DECEDENTS.  169 

here,  by  the  return  of  the  appraisers  of  the  personal  estate  of 
the  said  John  Gregg  deceased,  that  they  have  viewed  the  real 
estate  of  the  said  deceased,  which  consists  of  a  single  messuage 
or  tenement  and  lot  of  ground,  bounded  and  described  as  fol- 
lows, viz. :  Beginning,  &c.  (describing  it),  that  the  said  apprai- 
sers are  of  opinion  that  the  same  is  of  the  value  of  three  hundred 
dollars  and  no  more,  and  that  they  have  appraised  and  set  apart 
the  same  for  the  use  of  Sarah  Gregg,  widow  of  said  deceased, 
and  her  family,  and  that  the  said  widow  has  elected  to  retain 
the  said  real  estate  for  the  use  of  herself  and  family  ;  the  Court 
do  thereupon  order  and  adjudge  the  same  to  the  said  Sarah 
Gregg,  widow  aforesaid,  for  the  use  of  herself  and  family. 


61.  Election  hy  Widow  to  take  hoth  Personal  and  Real  Estate. 

p.  281,  pi.  58,  59.     14  April  1851,  P.  L.  613.     8  April  1859,  P.  L.  425, 

In  the  matter  of  the  Estate  of  John  Gregg  late  of  the  Town- 
ship of  Penn  in  the  County  of  Chester,  deceased. 

I,  Sarah  Gregg,  widow  of  said  deceased,  do  elect  to  retain 
personal  property  of  said  deceased  to  the  value  of  fifty  dollars, 
and  real  property  belonging  to  the  estate  of  said  deceased  to  the 
value  of  two  hundred  and  fifty  dollars,  for  the  use  of  myself  and 
family,  and  desire  that  the  same  may  be  appraised  and  set  apart 
according  to  law. 

June  1,  1850.  Sarah  Gregg. 


62.  Affidavit  of  Appraisers. 

P.  281,  pi.  58,  59.     14  April  1851,  P.  L.  613.     8  April  1859,  P.  L.  425,  pp.  432,  433, 
pi.  20,  21,  22.     9  April  1849,  P.  L.  533. 

In  the  Matter  of  the  Estate  of  John  Gregg,  late  of   the 
Township  of  Penn,  in  the  County  of  Chester,  deceased. 
Chester  county,  ss. 

Samuel  Rex  and  George  Jones,  appraisers  of  the  personal 
estate  of  the  said  John  Gregg,  deceased,  being  duly  sworn,  say, 
that  they  will  well  and  truly  appraise  and  set  apart  personal 
property  of  the  said  deceased,  to  the  value  of  fifty  dollars, 


170 


DECEDENTS. 


elected  to  be  retained  by  Sarah  Gregg,  widow  of  the  said 
deceased,  for  the  use  of  herself  and  family ;  and  that  they  will 
well  and  truly,  and  without  prejudice  or  partiality,  determine 
whether,  in  their  opinion,  the  real  estate  of  the  said  deceased 
can  be  divided  so  as  to  set  apart  real  estate  to  the  value  of  two 
hundred  and  fifty  dollars,  for  the  use  of  the  said  widow  and  her 
family,  without  injury  to  or  spoiling  the  whole ;  and,  if  so,  that 
they  will  set  apart  so  much  as,  in  their  opinion,  shall  be  sufii- 
cient  to  answer  the  requirement  of  said  widow,  and  in  all 
respects  perform  their  duty  as  appraisers  according  to  law. 
Sworn  and  subscribed,  June  1,      ^  Samuel  Rex, 

1850,  before  >  George  Jones. 

H.  Fleming,  J.  P.  I 


63.  Inventory. 

Inventory  of  the  personal  estate  of  the  above-named  John 
Gregg,  deceased,  elected  to  be  retained  by  Sarah  Gregg,  widow 
of  said  deceased. 


1  Bed,    .... 

$20 

00 

6  Chairs, 

3 

00 

Table,     .... 

4 

00 

Carpet,  .... 

10 

00 

Bedstead, 

6 

00 

Bureau, 

7 

00 

$50 

00 

Appraised  and  set  apart,  June  1,  " 

1850. 

Samuel  Rex, 

George 

Jone 

3. 

I,  Sarah  Gregg,  widow  of  said  John  Gregg,  deceased,  do  elect 
to  retain,  for  the  use  of  myself  and  family,  the  personal  pro- 
perty set  out  in  the  foregoing  inventory. 

June  1,  1850.  Sarah  Gregg. 


DECEDENTS.  171 

64.  Return  of  Appraisers. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  undersigned,  appraisers  of  the  personal  estate  of  John 
Gregg,  late  of  the  Township  of  Penn,  in  said  county,  deceased, 
do  certify,  that  having  been  sworn  in  due  form  of  law,  we  made 
the  foregoing  appraisement  of  the  personal  property  of  said 
deceased,  elected  to  be  retained  by  Sarah  Gregg,  widow  of  said 
deceased,  as  is  therein  set  forth ;  and  that  we  went  upon  the 
real  estate  of  said  deceased — the  same  being  of  greater  value 
than  two  hundred  and  fifty  dollars — and  having  viewed  the 
same,  determined  that  the  said  real  estate  could  not  be  divided 
without  injury  to  or  spoiling  the  whole  (or  as  the  case  may  be). 

Witness  our  hands  and  seals,  the  first  day  of  June,  A.  d.  1850. 

Samuel  Rex,      [l.  s.] 
Geoege  Jones,  [l.  s.] 


65.   Notice  to  Creditors  by  Administrator,  ^-c. 

p.  281,  pi.  60.     24  February  1834,  P.  L.  73, 

Estate  of  John  Gregg,  deceased. 

Notice  is  hereby  given,  that  Letters  of  Administration  on  the 
estate  of  the  above-named  John  Gregg,  late  of  the  Township  of 
Penn  in  the  County  of  Chester,  deceased,  have  been  granted  to 
Sarah  Gregg,  residing  in  the  said  Township  of  Penn. 

All  persons  therefore  having  claims  or  demands  against  the 
estate  of  the  said  decedent,  are  requested  to  make  the  same 
known  to  the  said  Sarah  Gregg  without  delay. 

June  1,  1850.  Sarah  Gregg. 


&Q.  Notice  to  Corporation  of  Legacy. 

p.  282,  pi.  64.     24  February  1834,  P.  L.  75. 

To  the  Penn  Library  Company  of  Chester  County : 

You  are  hereby  notified  that  John  Gregg,  late  of  the  Town- 


172  DECEDENTS. 

ship  of  Penn  in  the  said  county,  deceased,  by  his  last  will  and 
testament,  duly  proved  the  first  day  of  June,  A.  D.  1851,  be- 
queathed to  the  said  Company  the  sum  of  one  hundred  dollars, 
to  be  appropriated  to  the  general  purposes  of  said  Company ; 
that  Sarah  Gregg,  the  undersigned,  is  the  executor  of  said  will, 
and  that  she  resides  in  the  aforesaid  Township  of  Penn. 
July  1,  1850.  Sarah  Grego. 


67.  Petition  of  Heir  to  suspend  Collection  of  Surplus  Bond. 

p.  283,  pi.  72.     P.  996,  pi.  41.     U  April  1840,  P.  L.  351. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Gregg  of  said  county,  respectfully 
represents, 

That  the  petitioner  is  a  son  and  heir  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased ;  that  said 
decedent  died  intestate,  on  or  about  the  first  day  of  May,  A.  D. 
one  thousand  eight  hundred  and  fifty,  leaving  a  widow,  Sarah 
Gregg,  and  one  son,  the  petitioner,  his  heir  at  law,  and  that 
Letters  of  Administration  on  his  estate  were  duly  granted  to  the 
said  Sarah  Gregg.  The  petitioner  further  represents,  that  the 
decedent  in  his  lifetime  was  seised  in  his  demesne,  as  of  fee,  of 
and  in  a  certain  tract  of  unseated  land,  situate  in  the  Township 
of  Oxford  in  said  county,  bounded  by  lands  of  Joel  Bailey,  John 
Smith  and  others,  and  containing  one  hundred  acres  more  or 
less,  with  the  appertenances ;  that  the  same  was  sold  at  Trea- 
surer's sale  on  the  tenth  day  of  June  last  for  taxes  to  one 
George  Jones,  for  the  sum  of  one  hundred  dollars ;  that  the 
said  taxes  and  costs  necessarily  accrued  amounted  to  the  sum 
of  ten  dollars,  which  sum  the  said  George  Jones  paid  to 
Joseph  Jacobs,  the  County  Treasurer,  who  received  from  the 
said  George  Jones  a  bond  to  him  the  said  Joseph  Jacobs,  with 
warrant  of  attorney  annexed,  conditioned  for  the  payment  of 
the  sum  of  ninety  dollars,  the  surplus  money  remaining  after 
satisfying  and  paying  the  taxes  and  costs  aforesaid,  and  that 


DECEDENTS.  173 

the  said  Sarah  Gregg,  Administrator  aforesaid,  has  commenced 
proceedings  in  this  Court  for  the  collecting  of  the  moneys  due 
on  the  said  surplus  bond.  The  petitioner  further  represents 
that  the  said  land  is  of  much  greater  value  than  the  amount 
due  upon  said  surplus  bond,  and  that  the  time  for  the  redemp- 
tion of  the  said  land  has  not  expired  (or  as  the  case  may  be). 
The  petitioner,  further  showing  to  the  Court  that  the  collection 
of  the  moneys  due  on  said  bond  will  operate  injuriously  to  the 
interests  of  the  heirs  of  said  John  Gregg,  deceased,  prays  the 
Court  to  make  an  order  preventing  (or, — suspending, — as  the 
case  may  be),  the  collecting  of  the  same. 

And  he  will,  &c. 

July  1,  1850.  James  Gregg.; 

(Affidavit  of  truth  of  petition  to  be  appended.) 


68.  Filing  Bond,  ^c,  not  payable  in  five  years,  to  continue 

Lien. 

P.  285,  pi.  82.     24  February  1834,  P.  L.  77. 

George  Wills 

V.  In    the   Court    of   Com- 

The  Estate  of  John  Gregg,  late  j.     mon  Pleas  of  Chester 

of  the  Township  of  Penn  in  the         County. 

County  of  Chester,  deceased. 

And  now,  June  1,  1850,  The  said  George  Wills  files  herewith 
in  the  office  of  the  Prothonotary  of  said  Court,  a  copy  of  a 
bond  (or  as  the  case  may  be),  executed  by  the  said  John  Gregg 
in  his  lifetime  to  the  said  George  Wills,  the  same  not  being 
payable  within  five  years  of  the  death  of  the  said  John  Gregg, 
deceased,  in  order  that  the  same  may  be  and  continue  a  lien 
upon  the  real  estate  of  said  deceased,  which  bond  (or  as  the 
case  may  be),  is  as  follows,  viz. : — 

(Set  out  copy  or  written  statement  of  bond,  &c.) 

George  Wills. 


174  DECEDENTS. 

69.  Suggestion  of  Interest  of  Creditor  on  Judgment,  ^c,  in 
favor  of  Testator. 

P.  2S5,  pi.  84.     3  April  1829,  10  Sm.  L.  .317. 

_  ^  ^  In  the  Coui't  of  Common  Pleas  of  Chester 

John  Gregg     |      ^ 

F       County. 

^-  fOf  May  Term,  1850.     No.  10. 

George  Jones.  J  g^^  judgment  Docket  R,  page  5. 

May  2,  1850.  Judgment  in  favor  of  plaintiff  against  the 
defendant  for  ^500. 

May  1,  1855.  George  Wills  suggests  his  interest  in  said 
judgment  as  a  creditor  of  the  said  John  Gregg,  and  further 
suggests  the  death  of  the  said  John  Gregg,  and  that  the  said 
John  Gregg  has  appointed  the  said  George  Jones  Executor  of 
his  last  will  and  testament. 

George  "Wills. 

Issue  Scire  Facias  against  the  defendant  George  Jones  to 
revive  said  judgment  and  continue  the  lien  thereof  for  the  use 
of  persons  interested  therein. 

Yours,  &c., 
To  James  Davis,  Esq.,  William  Marshall, 

Prothonotary.  Attorney  for 

May  1,  1855,  George  Wills. 


70.    Scire  Facias    againgt  Executor  as   Debtor  of  Decedenff 
upon  suggestion  of  Creditor. 

P.  285,  pi.  84.     3  April  1829,  10  Sm.  L.  317. 

Chester  county,  ss. 
rSeal  1       ^^®  Commonwealth  of  Pennsylvania  to  the  Sheriff 

of  said  County  of  Chester,  Greeting  : 

Whereas  John  Gregg  heretofore,  to  wit,  on  the  second  day 

of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  fifty,  in  our  Court  of  Common  Pleas,  hefore  our  Judges  at 

West  Chester,  recovered  judgment  against  George  Jones,  late  of 


DECEDENTS.  175 

your  county,  for  a  certain  debt  or  sum  of  five  hundred  dollars 
lawful  money  of  the  United  States,  as  also  ten  dollars,  which 
to  the  said  John  Gregg  in  our  said  Court  were  adjudged  for  his 
costs  and  charges  which  he  had  sustained  by  occasion  of  the 
detention  of  that  debt,  whereof  the  said  George  Jones  is  convict 
as  appears  of  record,  which  said  judgment  remains  and  is 
wholly  unpaid,  and  is  a  lien  upon  the  real  estate  of  the  said 
George  Jones :  And  whereas  now  in  our  same  Court  here  we 
are  given  to  understand  by  George  Wills  that  since  the  recovery 
of  the  said  judgment  by  the  said  John  Gregg  against  the  said 
George  Jones  as  aforesaid,  the  said  John  Gregg  has  died, 
having  appointed  the  said  George  Jones  Executor  of  his  last 
will  and  testament,  and  has  further  given  us  to  understand  that 
he,  the  said  George  Wills,  is  a  creditor  of  the  said  John  Gregg, 
and  is  interested  in  the  said  judgment,  and  has  besought  us  to 
provide  for  him  a  proper  remedy;  and  we  being  willing  that 
what  is  just  in  this  behalf  should  be  done,  do  according  to  the 
form  of  the  Act  of  Assembly  in  such  case  made  and  provided, 
command  you  that  you  make  known  to  the  said  George  Jones, 
that  he  be  before  our  Judges  at  West  Chester,  at  our  county 
Court  of  Common  Pleas,  there  to  be  held  on  the  last  day  of 
July  next,  to  show  cause,  if  any  he  has  or  knows,  why  the  said 
judgment  should  not  be  revived,  and  the  lien  thereof  continued 
on  the  real  estate  of  the  said  George  Jones,  and  remain  for  the 
use  of  all  persons  interested  therein,  according  to  the  Act  of 
Assembly  in  such  case  made  and  provided,  if  it  shall  seem 
expedient  for  the  said  George  Jones  so  to  do,  and  further  to  do 
and  receive  what  our  said  Court  shall  then  and  there  consider 
of  him  in  this  behalf,  and  have  you  there  then  this  writ. 

Witness  the  Honorable  Townsend  Haines,  President  Judge 
of  our  said  Court  at  West  Chester,  the  first  day  of  May,  Anno 
Domini  one  thousand  eight  hundred  and  fifty-five. 

James  Davis, 

Prothonotary. 


176  DECEDENTS. 


71.  Notice  to  Administrator  not  to  pay  Debts  out  of  Proceeds  of 
Real  Estate. 

p.  285,  pi.  85.     16  July  1842,  P.  L.  388. 

In  the  matter  of  the  real  estate  of  John  Gregg,  late  of  the 
Township  of  Penn  in  the  County  of  Chester,  deceased : 

To  George  Gregg,  Administrator,  &c.,  of  said  John  Gregg, 
deceased  : 

You  are  herehy  notified,  that  the  undersigned,  distributees  of 
the  proceeds  of  the  sale  of  the  real  estate  of  the  said  John 
Gregg,  deceased,  sold  under  an  order  of  the  Orphans'  Court  of 
said  County  of  Chester  for  distribution,  object  to  the  payment  out 
of  said  proceeds  of  any  debts  or  claims  owing  by  the  said  de- 
cedent, the  said  real  estate  not  being  legally  liable  for  the  same. 

James  Gregg, 
May  1,  1854.  Job  Gregg. 


72.  Petition  of  Guardian  for  Permission  to  Invest. 

p.  286,  pi.  86.     29  March  1832,  P.  L.  193. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County: 

The  petition  of  George  Jones,  Guardian,  &c.,  of  James  Gregg, 
a  minor  child  of  John  Gregg,  late  of  the  Township  of  Penn  in 
said  county,  deceased,  Respectfully  represents, 

That  the  said  James  Gregg  his  ward  is  about  the  age  of  ten 
years  and  that  the  petitioner  has  in  his  hands  as  guardian 
aforesaid,  the  sum  of  six  thousand  dollars,  the  estate  of  said 
minor,  the  income  whereof  is  to  be  appropriated  for  the  support 
of  said  minor  (or  as  the  case  may  be),  and  that  the  petitioner 
is  desirous  of  investing  the  said  sum  of  six  thousand  dollars. 
The  petitioner  therefore  prays  the  Court,  upon  due  proof,  to 
make  an  order  directing  the  investment  of  the  said  sum  of  six 
thousand  dollars  in  such  of  the  securities  named  in  the  Act  of 
Assembly  in  such  case  made  and  provided  and  at  such  prices 


DECEDENTS. 


177 


and  rates  of  interest  and  on  such   terms  of  payment  as  the 
Court  shall  think  fit. 

And  he  will,  &c. 
May  1,  1854.  George  Jones. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


73.  Bond  of  Administrator  to  distribute  Surplus  after  Sheriff's 

Sale. 

P.  288,  pi.  99.     24  February  1834,  P.  L.  79. 

George  Wills  "j  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      county. 

John  Gregg.    J  Of  May  Term,  1855.     No.  10. 

Know  all  men  by  these  presents  that  we,  James  Gregg,  ad- 
ministrator, &c.,  of  John  Gregg,  the  above-named  defendant, 
now  deceased,  John  Rex  and  Samuel  Bond,  all  of  the  County 
of  Chester,  are  held  and  firmly  bound  unto  the  Commonwealth 
of  Pennsylvania,  in  the  sum  of  two  thousand  dollars  lawful 
money  of  the  United  States,  to  be  paid  to  the  said  Common- 
wealth, her  certain  attorney  and  assigns,  to  which  payment  well 
and  truly  to  be  made,  we  do  bind  ourselves  jointly  and  severally, 
our  heirs,  executors  and  administrators,  firmly  by  these  presents. 
Sealed  with  our  seals,  dated  the  first  day  of  July,  A.  D.  one 
thousand  eight  hundred  and  fifty-five. 

Whereas  the  real  estate  of  the  said  John  Grefjg  has  been 

Do 

sold  by  the  sheriff  of  Chester  County,  under  and  by  virtue 
of  the  above-stated  execution  and  there  has  been  raised  by 
said  sale  the  sum  of  one  thousand  dollars  more  than  is  sufficient 
to  pay  off  liens  of  record  against  said  real  estate :  And 
whereas  the  said  John  Gregg,  the  defendant,  has  since  died  and 
administration  of  his  estate  has  been  granted  to  the  said 
James  Gregg,  and  the  said  Court  bas  ordered  the  same  to  be 
paid  to  the  said  James  Gregg  as  administrator  aforesaid,  upon 
his  giving  bond  to  the  Commonwealth,  to  the  satisfaction  of 
the  Court,  with  the  above-named  John  Rex  and  Samuel  Bond 
as  his  sureties,  in  the  sum  of  two  thousand  dollars  with  condi- 
tion according  to  the  Act  of  Assembly : 
12 


178  DECEDENTS. 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
James  Gregg,  Administrator,  &c.,  of  the  said  John  Gregg,  de- 
ceased, shall  legally  distribute  the  said  sum  of  one  thousand 
dollars,  then  this  obligation  shall  be  void  and  of  none  effect,  or 
else  shall  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the  ^  James  Greqg,     [l.  s.] 


William  Marshall, 
James  Davis. 


presence  of  I  John  Rex,  [l.  s.] 


Samuel  Bond.    [l.  s.] 


74.  Petition  for  Sale  of  Real  Estate  for  Payment  of  Debts, — and 

Exhibits. 

Pp.  289,  290,  pi.  104, 105, 107.     24  February  1834,  P.  L.  80.  29  March  1832,  P.  L.  198, 

200. 

To  The  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County: 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  County  of  Chester,  de- 
ceased, Respectfully  represents, 

That  the  said  John  Gregg  died  on  or  about  the  first  day  of 
March,  A.  D.  one  thousand  eight  hundred  and  fifty,  intestate, 
leaving  to  survive  him  a  widow,  Sarah  Gregg,  and  three  child- 
ren, viz. :  James  Gregg,  George  Gregg  and  Anne  Gregg,  the  last 
two  being  minors  and  having  for  their  guardian  George  Jones ; 
That  the  personal  estate  of  the  decedent  is  insufficient  for  the 
payment  of  his  debts  and  education  of  his  minor  children  (or 
for  the  payment  of  debts,  as  the  case  may  be),  as  will  appear 
by  a  true  and  perfect  inventory  and  conscionable  appraisement 
of  all  the  personal  estate  whatsoever  of  the  said  decedent  and 
a  just  and  true  account  of  all  the  debts  of  the  decedent,  which 
have  come  to  the  knowledge  of  the  petitioner,  herewith  exhibited. 
The  petitioner  further  represents,  that  the  said  John  Gregg 
died  seised  in  his  demesne  as  of  fee,  of  and  in  certain  real 
estate  situate  in  said  County  of  Chester,  described  in  a  state- 
ment herewith  exhibited,  a  certified  copy  of  said  inventory  (or 
a  certificate  of  the  Register  of  the  amount  of  said  inventory). 


DECEDENTS. 


179 


being  hereto  annexed.  The  petitioner  therefore  prays  the 
Court  to  order  the  sale  (or  mortgage  as  the  case  may  be),  of 
such  part  or  so  much  of  the  said  real  estate  as  to  the  Court  shall 
appear  necessary  for  the  payment  of  the  debts  and  education  of 
the  minor  children  (or  for  the  payment  of  the  debts,  as  the  case 
may  be)  of  the  said  decedent. 

And  he  will,  &c. 
May  1,  1850.  John  Rex. 

(A  certified   copy  of  the  Inventory  filed  in   the  Register's 
oflSce,  should  be  here  annexed.) 

A  just  and  true  account  of  all  the  debts  of  the  within-named 
John  Gregg,  deceased  : 

George  Will's  judgment,  .         .         .     $1500  00 


Interest,  14  months, 

105  00 

Peter  Rush,  note, 

600  00 

Interest,  14  months, 

47  00 

Charles  Way,  book  account,    . 

50  00 

12297  00 

(Or  as  the  case  may  be.) 

A  full  and  correct  statement  of  all  the  real  estate  of  the 
within-named  John  Gregg,  deceased. 

No.  1. — A  messuage,  being  the  mansion-house,  and  tract  of 
land  situate  in  the  Township  of  Penn  in  said  County 
of  Chester,  bounded  by  lands  of  Job  Wallace,  James 
Rex  and  others,  and  containing  one  hundred  acres 
more  or  less,  with  the  appertenances. 

No.  2. — A  tract  of  woodland  situate  in  the  said  Township  of 
Penn,  bounded  by  lands  of  Samuel  Rex,  Wilson  Jones 
and  others,  and  containing  fifty  acres  more  or  less, 
with  the  appertenances. 


Chester  county,  ss. 

Wilson  Jones  and  Samuel  Rex  being  duly  sworn  say,  that  they 
are  well  acquainted  with  the  above-described  real  estate,  late  of 
the  said  John  Gregg,  deceased,  and  are  of  opinion  that  the  same 
would  bring  at  a  cash  sale  as  follows,  viz. :  Lot  No.  1,  ten  thou- 


180  DECEDENTS. 

sand  dollars,  and  Lot  No.  2,  three  thousand  dollars,  and  that 
they  are  in  no  Avise  interested  in  said  estate. 

Sworn  and  subscribed  in  open  "1  Wilson  Jones, 

Court,  V  Samuel  Rex. 

George  Fisher,  Clerk.      J 

Chester  county,  ss. 

John  Rex,  being  duly  sworn,  says  that  the  statements  in  the 
foregoing  petition  are  true ;  that  the  exhibits  hereto  annexed 
are  respectively  a  true  and  perfect  inventory  and  conscionable 
appraisement  of  all  the  personal  estate  whatever  of  the  said 
decedent;  a  just  and  true  account  of  all  the  debts  of  the  dece- 
dent, and  of  all  the  real  estate  of  the  decedent  wheresoever 
situate,  which  have  come  to  the  knowledge  of  the  petitioner,  as 
he  verily  believes. 

Sworn  and  subscribed,  May  1, ")  John  Rex. 

1850,  in  open  Court,  V 

George  Fisher,  Clerk.       J 


75.  Petition  for  Order  of  Sale  to  jyai/  Balance  on  Administra- 
tion Account. 

p.  289,  290,  pi.  105,  106,  107.     29  March  1832,  P.  L.  198,  200. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John 
Gregg,  late  of  the  Township  of  Penn  in  the  said  county, 
deceased,  respectfully  represents. 

That  the  said  John  Gregg  died  on  or  about  the  first  day  of 
March,  A.  D.  one  thousand  eight  hundred  and  fifty,  intestate, 
leaving  to  survive  him  a  widow,  Sarah  Gregg,  and  three 
children,  viz. :  James  Gregg,  George  Gregg,  and  Anne  Gregg, 
the  last  two  being  minors  and  having  for  their  guardian  George 
Jones :  The  petitioner  further  represents,  that  on  a  final  settle- 


DECEDENTS.  181 

ment  of  his  administration  account  on  the  estate  of  said 
deceased,  wliich  was  confirmed  by  this  Court  on  the  twelfth  day 
of  March,  A.  D.  one  thousand  eight  hundred  and  fifty- one, 
there  is  a  balance  due  from  the  said  estate  to  the  petitioner  of 
two  thousand  dollars,  as  appears  by  a  certificate  of  said  account 
hereto  annexed,  and  that  there  are  not  suflScient  personal  assets 
to  pay  said  balance. 

The  petitioner  further  represents,  that  the  said  John  Gregg 
died  seised  in  his  demesne  as  of  fee,  of  and  in  certain  real  estate 
situate  in  said  County  of  Chester,  and  described  in  the  state- 
ment herewith  exhibited :  The  petitioner  therefore  prays  the 
Court  to  order  the  sale  (or  mortgage  as  the  case  may  be),  of 
such  part  or  so  much  of  said  real  estate  as  may  be  necessary  to 
pay  the  said  balance  appearing  to  be  due  to  him  on  his  account 
as  aforesaid. 

And  he  will,  &c. 

May  1,  1850.  John  Rex. 

(The  exhibits  and  affidavits  should  be  the  same  as  in  the 
pi^eceding  form,  with  the  addition  of  the  certificate  of  balance 
of  his  account.) 


76.  Petition  for  Sale,  ^c,  of  Land  in  another  County. 

Pp.  289,  290,  pi.  205,  106,  107.     29  March  1832,  3  P.  L.  198,  200. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John 
Gregg,  late  of  the  Township  of  Penn  in  the  said  County  of 
Chester,  deceased, 

Respectfully  represents.  That  the  said  John  Gregg  died  on 
or  about  the  first  day  of  March,  a.  d.  one  thousand  eight 
hundred  and  fifty,  intestate,  leaving  to  survive  him  a  widow, 
Sarah  Gregg,  and  three  children,  to  wit,  James  Gregg,  George 
Gregg  and  Anne  Gregg,  the  last  two  of  whom  are  minors,  and 
have  for  their  guardian  George  Jones.  That  the  personal  estate 
of  the  decedent  is  insufficient  for  the  payment  of  his  debts  and 
the  education  of  his  minor  children  (or  for  the  payment  of 


182  DECEDENTS. 

his  debts,  as  the  case  may  be),  as  will  appear  by  a  true  and 
perfect  inventory  and  conscionable  appraisement  of  all  the  per- 
sonal estate  whatsoever  of  the  said  decedent  and  a  just  and 
true  account  of  all  the  debts  of  said  decedent  which  have  come 
to  the  knowledge  of  the  petitioner  herewith  exhibited. 

The  petitioner  further  represents  that  the  said  decedent  died 
seised  in  his  demesne  as  of  fee,  of  and  in  certain  real  estate 
situate  in  the  Counties  of  Chester,  Berks  and  Bucks,  described 
in  a  statement  herewith  exhibited.  The  petitioner  therefore 
prays  the  Court  to  make  a  decree  authorizing  him  to  raise  so 
much  money  as  the  Court  may  think  necessary  from  the  real 
estate  situate  in  such  of  said  counties  as  the  Court  may 
designate. 

And  he  will,  &c. 

May  1,  1850.  John  Rex. 

(The  affidavits  and  exhibits  should  be  the  same  as  those  in 
the  first  form,  No.  74,  for  sale,  &c.) 


77.  Decree  for  Raising  Money  on  Land  m  another  County. 

p.  289,  pi.  106.      29  March  1832,  P.  L.  198. 

In  the  Matter  of  the  Estate  of  John  Gregg,  late  of  the 
Township  of  Penn  in  the  County  of  Chester,  deceased : 

And  now,  May  1,  1850,  Upon  the  petition  of  John  Rex, 
Administrator,  &c.,  of  the  said  John  Gregg,  deceased,  praying 
that  he  may  be  authorized  to  raise  from  the  real  estate  of  said 
deceased,  situate  in  the  Counties  of  Berks,  Bucks  and  Chester, 
so  much  mone}^  as  may  be  necessary  to  pay  his  debts,  with  the 
exhibits  accompanying  said  petition,  the  Court  being  satisfied 
of  the  propriety  of  a  sale  or  mortgage  of  the  following 
described  real  estate  of  the  decedent,  situate  in  the  said  County 
of  Bucks,  viz.,  a  messuage  and  tract  of  land  situate  in  the 
Township  of  Bensalem,  bounded  by  lands  of  John  Roberts, 
George  Thomas  and  others,  containing  one  hundred  acres  more 
or  less,  with  the  appertenances,  do  authorize  the  said  John  Rex 
to  raise  the  sum  of  three  thousand  dollars  from  the  above 
described  real  estate. 


DECEDENTS.  183 

78.  Bond  of  Administrator  on  Sale  of  Real  Estate. 

p.  290,  pi.  107.     29  March  1832,  P.  L.  200. 

Know  all  men  by  these  presents,  that  we,  John  Rex,  Admin- 
istrator, &c.,  of  John  Gregg,  late  of  the  Township  of  Penn  in 
the  County  of  Chester,  deceased,  James  Reed  and  Job  Wallace, 
all  of  said  county,  are  held  and  firmly  bound  to  the  Common- 
wealth of  Pennsylvania  in  the  sum  of  six  thousand  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  Com- 
monwealth, her  certain  attorney  and  assigns,  to  which  payment, 
well  and  truly  to  be  made,  we  bind  ourselves  jointly  and  seve- 
rally, our  heirs,  executors  and  administrators,  firmly  by  these 
presents :  Sealed  with  our  seals,  dated  the  second  day  of  May 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty. 

Whereas  the  Orphans'  Court  of  said  County  of  Chester  did, 
on  the  first  day  of  May,  a.  d.  1850,  order  the  said  John  Rex, 
Administrator  aforesaid,  to  sell  (or  mortgage,  as  the  case  may 
be),  a  certain  tract  of  woodland  situate  in  the  Township  of  Penn 
in  said  County  of  Chester,  bounded  by  lands  of  Samuel  Rex, 
Wilson  Jones  and  others,  and  containing  fifty  acres  more  or 
less,  with  the  appertenances,  late  the  estate  of  said  decedent, 
for  the  payment  of  his  debts,  the  said  John  Rex  first  having 
filed  in  the  office  of  the  Clerk  of  said  Court  a  bond  to  the 
Commonwealth  in  the  sum  of  six  thousand  dollars  with  the  said 
James  Reed  and  Job  Wallace  as  his  sureties,  who  were  approved 
by  the  Court,  conditioned  for  the  faithful  appropriation  of  the 
proceeds  of  such  sale  (or  mortgage,  as  the  case  may  be), 
according  to  his  respective  duties  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Rex  shall  faithfully  appropriate  the  proceeds  of  such  sale 
(or  mortgage,  as  the  case  may  be),  according  to  his  respective 
duties,  then  this  obligation  to  be  void,  or  else  to  be  and  remain 
in  full  force  and  virtue. 

Sealed  and  delivered  in  the  ^  John  Rex,         [l.  s.] 

presence  of  (  James  Reed,    [l.  s.] 

William  Marshall,       (  Job  Wallace,  [l.  s.] 

George  Fisher.  ^ 


184  DECEDENTS. 

79.  Petition  to  Orphans'  Court  of  another  County  for  Sale,  ^c., 
of  Meal  Estate. 

p.  298,  pi.  106.     29  March  1832,  P.  L.  198. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Bucks : 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John  Gregg, 
late  of  the  County  of  Chester,  deceased.  Respectfully  represents, 

That  the  said  John  Gregg  died  on  or  about  the  first  day  of 
March,  A.  d.  one  thousand  eight  hundred  and  fifty,  intestate, 
and  seised,  amongst  other  real  estate,  of  a  messuage  and  tract 
of  land  in  the  Township  of  Bensalem  in  the  said  County  of 
Bucks,  bounded  by  lands  of  John  Roberts,  George  Thomas  and 
others  and  containing  one  hundred  acres  more  or  less,  with  the 
appertenances  ;  That  upon  the  application  of  this  petitioner,  the 
Orphans'  Court  of  Chester  County  did,  on  the  first  day  of  May 
last,  make  a  decree,  authorizing  him  to  raise  by  sale  or  mort- 
gage of  the  above-mentioned  tract  of  land,  the  sum  of  three 
thousand  dollars  for  the  payment  of  the  debts  of  the  said  dece- 
dent and  maintenance  and  education  of  his  minor  children  (or, — 
for  the  payment  of  the  debts  of  the  decedent),  as  will  appear  by 
an  exemplification  of  the  proceedings  in  this  behalf,  in  the  said 
Orphans'  Court  of  Chester  County,  herewith  exhibited  : 

The  petitioner  therefore  prays  the  Court  to  make  an  order 
for  the  sale  or  mortgage,  as  the  Court  here  shall  think  expedient, 
of  so  much  or  such  parts  of  the  above-described  real  estate  as 
shall,  in  the  opinion  of  the  Court,  be  necessary  to  raise  the  said 
sum  of  three  thousand  dollars. 

And  he  will,  &c. 

June  1,  1850.  John  Rex. 

(Affidavit  of  the  truth  of  petition  to  be  appended.) 


DECEDENTS.  185 

80.  Petition  of  Guardian  for  Sale  of  Ward's  Real  Estate  for 
Maintenance. 

p.  289,  pi.  105, 106.     29  March  1S32,  P.  L.  198. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  George  Jones,  guardian,  &c.,  of  George  Gregg, 
a  minor  chihi  over  (or, — under,  as  the  case  may  be),  the  age  of 
fourteen  years,  of  John  Gregg,  late  of  the  Township  of  Penn  in 
said  County,  Respectfully  represents, 

That  the  personal  estate  of  said  minor  is  insufficient  for  his 
maintenance  and  education,  and  that  he  is  seised  in  his  demesne 
as  of  fee,  of  and  in  certain  real  estate  situate  in  said  county, 
described  in  a  statement  herewith  exhibited. 

The  petitioner  herewith  further  exhibiting  a  true  and  perfect 
inventory  and  conscionable  appraisement  of  all  the  personal 
estate  whatsoever  of  the  said  minor,  prays  the  Court  to  order 
the  sale  or  mortgage  of  such  part  or  so  much  of  said  real  estate^ 
as  to  the  Court  shall  appear  necessary  for  the  maintenance  and 
education  of  said  minor. 

And  he  will,  &c. 

May  1,  1850.  George  Jones. 

(Exhibits  of  real  and  personal  estate  and  affidavits  as  in  form 
No.  74,  Petition  for  sale  by  administrator.) 


81.  Petition  for  Sale  of  Minor  s  Real  Estate  for  Improvement. 

p.  289,  pi.  105,  106.     29  March  1832,  P.  L.  198. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  George  Jones,  guardian  of  the  person  and 
estate  of  George  Gregg,  a  minor  child,  under  (or — over,  as  the 
case  may  be),  the  age  of  fourteen  years,  of  John  Gregg,  late  of 
the  Township  of  Penn  in  the  said  County  of  Chester,  deceased, 
Respectfully  represents, 


186  DECEDENTS. 

That  tlie  said  minor  is  seised  in  his  demesne  as  of  fee,  of  and 
in  certain  real  estate  situate  in  said  County  of  Chester,  described 
in  a  statement  herewith  exhibited ;  that  the  personal  estate  of 
the  minor  is  insufficient  for  the  improvement  and  repairs  of  his 
real  estate.  The  petitioner  herewith  further  exhibiting  a  true 
and  perfect  inventory  and  conscionable  appraisement  of  all 
the  personal  estate  whatever  of  the  said  minor,  prays  the 
Court  to  order  the  sale  or  mortgage  of  such  part  or  so  much 
of  said  real  estate,  as  to  the  Court  shall  appear  necessary  for 
the  improvement  and  repairs  of  the  other  parts  of  said  real  es- 
tate. 

And  he  will,  &c. 

May  1,  1850.  George  Jones. 

(Exhibits  and  affidavits  as  in  the  preceding  form.) 


82.  Petition  for  sale  of  3Iinor's  Real  Estate  being  Dilapidated. 

p.  2S9,  pi.  105,  106.     29  March  18.32,  P.  L.  198. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  George  Jones,  guardian  of  the  person  and 
estate  of  George  Gregg,  a  minor  child,  under  (or, — over — as  the 
case  may  be),  the  age  of  fourteen  years,  of  John  Gregg,  late  of 
the  Township  of  Penn  in  the  County  of  Chester,  deceased,  Re- 
spectfully represents, 

That  the  said  minor  is  seised  in  his  demesne  as  of  fee,  of  and 
in  certain  real  estate  situate  in  said  County  and  described  in  a 
statement  herewith  exhibited  ;  and  that  the  said  real  estate  is 
in  such  a  state  of  dilapidation  and  decay  (describe  how),  (or — 
so  unproductive  and  expensive),  that  it  would  be  to  the  interest 
and  benefit  of  said  minor,  that  the  same  should  be  sold. 

The  petitioner  herewith  further  exhibiting  a  true  and  perfect 
inventory  and  conscionable  appraisement  of  all  the  personal  pro- 
perty whatever  of  the  said  minor,  prays  the  Court  to  order  a 


DECEDENTS.  187 

sale  or  mortgage  of  such  part  or  so  much  of  said  real  estate,  as 
to  the  Court  shall  appear  necessary. 

And  he  will,  &c. 

May  1,  1850.  George  Jones. 

(Exhibits  and  affidavits  as  in  the  preceding  form.) 


83.  Appointment  of  Auditor  on  Petition  for  Sale,  (J-c. 

P.  290,  pi.  108.    p.  300,  pi.  169.    29  March  1832,  P.  L.  200.  13  April  1840,  P.  L.  319. 

And  now,  May  1, 1850,  upon  the  application  of  George  Jones, 
Guardian,  &c.,  of  George  Gregg,  a  minor  child  of  John  Gregg, 
late  of  the  Township  of  Penn,  deceased,  for  a  decree  authorizing 
the  sale  or  mortgage  of  the  real  estate  of  said  minor,  the  Court 
appoint  Wilson  Robb  to  investigate  the  facts  of  the  case  and  to 
report  upon  the  expediency  of  granting  the  application  and  the 
amount  to  be  raised  of  such  sale  or  mortgage. 

Ten  days'  notice  of  the  time  and  place  of  hearing  to  be  given 
to  Sarah  Gregg,  the  mother  of  said  minor  (or — if  over  fourteen 
years — to  said  minor). 


84.  Report  of  Auditor  on  Application  to  Sell  Real  Estate. 

p.  290,  pi.  108.     29  March  1832,  P.  L.  200. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  undersigned,  appointed  by  the  annexed  order  of  Court 
Auditor  for  the  purposes  therein  mentioned, 

Respectfully  reports,  that  due  notice  of  the  time  and  place 
of  hearing  having  been  given  to  Sarah  Gregg,  the  mother  of 
said  minor,  according  to  the  order  of  the  Court,  and  having  been 
first  duly  sworn,  he  sat  for  the  performance  of  the  duties  of  his 
appointment  at  the  mansion-house,  late  of  the  said  John  Gregg, 
deceased,  in  the  said  Township  of  Penn  ;  and  having  investigated 
the  facts  of  the  case  he  finds  that  the  personal  estate  of  the 
said  minor  amounts  to  the  sum  of  five  hundred  dollars,  that  the 
real  estate  of  the  said  minor  consists  of  two  lots,  to  wit :  No.  1,  A 


188  DECEDENTS. 

messuage  and  tract  of  land  situate  in  said  township,  bounded  by 
lands  of  Job  Wallace,  James  Reed  and  others,  containing  one  hun- 
dred acres  more  or  less,  with  the  appertenances.  Lot  No.  2,  A 
tract  of  woodland  situate  in  the  same  township,  bounded  by  lands 
of  Samuel  Rex,  Wilson  Jones  and  others,  containing  fifty  acres 
more  or  less,  with  the  appertenances,  That  Lot  No.  1,  is  a  farm 
having  sufficient  woodland  upon  it  for  its  necessary  uses ;  that 
the  buildings  need  much  repair ;  that  said  farm  is  not  in  a 
good  state  of  cultivation  and  the  fences  are  in  bad  order ;  that 
an  expenditure  of  one  thousand  dollars  in  improving  said  farm 
would  increase  its  intrinsic  value,  make  it  much  more  productive 
and  be  to  the  interest  and  benefit  of  the  said  minor. 

The  undersigned  further  reports,  that  the  woodland  could, 
without  injury,  be  divided  into  two  parts  of  about  equal  size  by 
a  line  beginning,  &c.  (describing  it),  and  that  in  his  opinion, 
the  part  on  the  West  side  of  said  line  containing  twenty-four 
acres  more  or  less,  is  the  least  valuable,  presently  and  pros- 
pectively, and  would  bring  at  a  cash  sale  about  the  sum  of 
twelve  hundred  dollars. 

The  undersigned  therefore  reports  that  it  is  expedient  to  raise 
the  sum  of  one  thousand  dollars  for  the  improvement  and  repair 
of  said  farm,  and  for  that  purpose  to  sell  the  above-mentioned 
twenty-four  acres  of  woodland. 

All  which  is  respectfully  submitted. 

Wilson  Robb. 

June  1,  1850. 


85.    Order  of  Sale. 

p.  289,  pi.  106.     29  March  1832,  P.  L.  198. 

Chester  county,  ss. 

At  an  Orphans'  Court,  held  and  kept  at  West  Ches- 

[Seal.]         ter  for  said  County,  on  the  first  day  of  May,  a.  d. 

1850,  before  the    Honorable  Townsend  Haines, 

President,    and    his  Associates,  Judges    of   said 

Court : 

It  is  ordered  by  the  said  C-ourt  that  John  Rex,  Administra- 


DECEDENTS.  189 

tor,  &c.,  of  John  Gregg,  late  of  the  Township  of  Penn,  deceased 
(first  filing  in  the  ofl5ce  of  the  Clerk  of  this  Court,  a  bond  in 
the  sum  of  six  thousand  dollars,  with  James  Reed  and  Job  Wal- 
lace as  his  sureties,  who  are  approved  by  the  Court,  conditioned 
for  the  faithful  application  of  the  proceeds  of  such  sale  accord- 
ing to  his  respective  duties), (a)  do  expose  the  following  described 
real  estate  of  said  deceased  at  public  sale  on  the  premises 
in  the  Township  of  Penn  aforesaid,  to  wit,  A  tract  of  woodland 
bounded  by  lands  of  Samuel  Rex,  Wilson  Jones  and  others, 
containing  fifty  acres  more  or  less,  with  the  appertenances, 
for  the  payment  of  the  debts  of  the  said  intestate. 

Due  notice  of  the  said  sale  to  be  given  according  to  the  pro- 
visions of  54th  section  of  the  Act  of  Assembly,  relating  to 
Orphans'  Courts,  passed  the  twenty-ninth  of  March,  a.  d.  1832. 

By  the  Court, 

Geoege  Fisher,  Clerk. 


86.  Return  to  Order  of  Sale. 

To  the  Honorable,  the  Judges  within  named : 

I,  John  Rex,  Administrator,  &c.,  of  the  within- named  John 
Gregg,  deceased. 

Do  respectfully  report  and  return.  That  having  given  due 
public  notice  of  the  time  and  place  of  sale,  in  accordance  with 
the  provisions  of  the  54th  section  of  the  Act  of  Assembly  en- 
titled "  An  Act  relating  to  Orphans'  Courts,"  passed  the  twenty- 
ninth  day  of  March,  A.  D.  1832,  I  did  on  the  first  day  of  Oc- 
tober last,  expose  the  within-mentioned  real  estate  to  sale  by 
public  vendue  or  outcry,  and  sold  the  same  to  John  Robb  of 
the  said  County  of  Chester  for  the  sum  of  three  thousand  dol- 
lars, he  being  the  best  bidder  and  that  the  highest  price  bidden 
for  the  same :  Which  sale  I  pray  may  be  confirmed  by  the  Court. 

John  Rex, 

November  1,  1850.  Administrator. 

(a)  The  practice  of  the  different  Orphans'  Courts  as  to  time  of  giving  se- 
curity, has  not  been  uniform;  some  recjuiriiig  the  security  to  be  given  before 
the  order  issues  ;  others,  before  the  confirmation  of  sale.  See  also  6th  and  10th 
sections  of  lieal  Estate  Act  of  April  18,  1853. 


190  DECEDENTS. 

87.  Return  to  Order  of  Sale  on  Failure  of  Purchaser. 

To  the  Honorable,  the  Judges  within  named : 

I,  John  Rex,  Administrator,  &c.,  of  the  within-named  John 
Gregg,  deceased.  Do  respectfully  report, 

That  having  given  due  public  notice  of  the  time  and  place  of 
sale,  in  accordance  with  the  provisions  of  the  54th  section  of 
the  Act  of  Assembly,  entitled,  "An  Act  relating  to  Orphans' 
Courts,"  passed  the  twenty-ninth  day  of  March,  a.  d.  1832,  I 
did,  on  the  first  day  of  October  last,  expose  the  within-men- 
tioned real  estate  to  sale  by  public  vendue  or  outcry,  and  the 
same  was  struck  down  to  John  Robb  of  the  said  County  of 
Chester,  at  his  bid,  for  the  sum  of  three  thousand  dollars ;  but 
the  said  John  Robb  having  failed  to  comply  with  the  conditions 
of  sale,  I  return  said  real  estate  unsold  for  want  of  buyers. 

John  Rex, 

November  1,  1850.  Administrator. 


88.  Return  to  Order  of  Sale  where  no  Buyers. 

To  the  Honorable,  the  Judges  within  named.  I,  John  Rex. 
Administrator,  &c.,  of  the  within-named  John  Gregg,  deceased, 
Do  respectfully  report  and  return  : 

That  having  given  due  public  notice  of  the  time  and  place  of 
sale,  in  accordance  with  the  provisions  of  the  54th  section  of 
the  Act  of  Assembly,  entitled  "  An  Act  relating  to  Orphans 
Courts,"  passed  the  twenty-ninth  day  of  March,  A.  D.  1832,  1 
did,  on  the  first  day  of  October  last,  expose  the  within-men- 
tioned real  estate  to  sale  by  public  vendue  or  outcry,  and  that 
the  same  remains  unsold  for  want  of  buyers. 

John  Rex, 

November  1,  1850.  Administrator. 


DECEDENTS.  191 

89.  Conditions  of  Sale. 

p.  289,  pi.  106.     29  March  18.32,  P.  L.  198. 

Conditions  of  sale  of  a  tract  of  land,  situate  in  the  Township 
of  Penn  in  the  County  of  Chester,  bounded  by  lands  of  Samuel 
Rex,  Wilson  Jones  and  others,  containing  fifty  acres  more  or 
less,  with  the  appertenances,  late  the  estate  of  John  Gregg, 
deceased,  exposed  to  sale  the  first  day  of  October,  a.  d.  one 
thousand  eight  hundred  and  fifty,  by  order  of  the  Orphans' 
Court  of  said  county,  for  the  payment  of  the  debts  of  said 
decedent. 

1.  The  highest  and  best  bidder  shall  be  the  purchaser,  the 
administrator  reserving  one  open  bid. (a) 

2.  All  grain  in  the  ground  is  reserved,  with  privilege  to  the 
owner  or  owners  to  enter  upon  the  premises  in  the  proper  sea- 
sons and  cut,  store,  thresh  and  haul  it  away,  he  and  they  leav- 
ing the  straw  on  the  premises. (5) 

3.  Immediately  upon  the  property  being  struck  down,  the 
purchaser  shall  pay  to  the  Administrator  five  per  cent,  of  the 
purchase-money  or  give  a  note  for  the  amount  thereof,  with 
approved  security,  payable  in  thirty  days ;  he  shall  also  enter 
into  an  obligation  with  approved  security,  conditioned  for  the 
payment  of  the  balance  of  the  purchase-money  on  the  first  day 
of  April  next  and  for  a  faithful  compliance  in  all  respects  with 
all  the  conditions  of  the  sale. 

4.  A  deed  for  all  the  right,  title  and  interest  of  the  said  John 
Gregg  in  the  said  real  estate  will  be  executed  and  delivered  to 
the  purchaser,  complying  with  all  the  conditions  of  sale,  on  the 
first  day  of  April  next  (or  as  the  case  may  be).  All  necessary 
instruments  of  writing  to  be  at  the  expense  of  the  purchaser. 

5.  Any  person  to  whom  the  said  tract  of  land  shall  be  fairly 
struck  down,  refusing  to  comply  with  all  these  conditions,  shall 
be  liable  to  all  damage  resulting  from  his  refusal,  and  shall  not 
be  entitled  to  any  benefit  of  a  subsequent  sale. 

October  1,  1850.  John  Rex, 

Administrator,  &c.,  of 
John  Gregg,  deceased. 

(a)   See  Stains  v.  Shore,  4  Harris  200. 

(6)   Bacfcenstrop  v.  Stahlin's  Administrators,  9  Casey  251. 


192  DECEDENTS. 

I,  John  Robb  of  the  Township  of  Oxford  in  the  County  of 
Chester,  acknowledge  that  the  within-mentioned  tract  of  land, 
late  the  estate  of  John  Gregg,  deceased,  was  fairly  struck  down 
to  me  at  my  bid  for  the  sum  of  three  thousand  dollars,  and  We, 
the  said  John  Robb  and  Wilson  Jones  of  the  same  township,  do 
acknowledge,  that  we  jointly  and  severally  owe  the  said  John 
Rex  the  sura  of  six  thousand  dollars,  to  be  paid  to  him  on  the 
first  day  of  April  next  (or  as  the  case  may  be),  in  case  the  said 
John  Robb  shall  not  pay  the  above  sum  of  three  thousand  dol- 
lars on  or  before  said  day,  according  to  the  foregoing  conditions, 
and  shall  not  in  all  respects  faithfully  comply  with  the  said 
conditions. 

Witness  our  hands  and  seals  the  first  day  of  October,  A.  D. 
one  thousand  eight  hundred  and  fifty. 


Sealed  and  delivered  in  "1 


John  Robb,        [l.  s.] 


the  presence  of        I  WiLSON  Jones,  [l.  s.] 

George  Kirk, 
Charles  Jacobs. 


90.  Petition  of  Purchaser  at  Executor  s  Sale  to  pay  Moneys 
into  Court. 

P.  290,  pi.  111.     24  February  1834,  P.  L.  76, 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Robb  of  said  county,  Respectfully  re- 
presents. 

That  John  Gregg  of  the  Township  of  Penn  in  said  county, 
lately  died  having  made  his  last  will  and  testament  duly  proved 
on  the  first  day  of  June,  A.  D.  one  thousand  eight  hundred  and 
fifty,  and  seised  in  his  demesne  as  of  fee,  of  and  in  a  certain 
messuage  and  tract  of  land  situate  in  the  said  Township  of  Penn, 
bounded  by  lands  of  Samuel  Rex,  Wilson  Jones  and  others,  and 
containing  fifty  acres  more  or  less,  with  the  appertenances : 

That  by  his  will  the  said  decedent  ordered  and  directed,  amongst 
other  things,  that  the  said  messuage  and  ti-act  of  land  should 


DECEDENTS.  193 

be  sold  by  his  Executor  in  said  will  named,  tbe  proceeds  thereof 
applied  to  the  payment  of  his  debts  so  far  as  might  be  neces- 
sary, and  the  remainder  of  said  proceeds  if  any,  should  be 
divided  equally  between  his  wife  Sarah  Gregg,  and  his  children 
James  Gregg  and  Enoch  Gregg,  and  of  his  said  will  appointed 
John  Rex  the  Executor.  The  petitioner  further  represents  that 
in  pursuance  of  the  directions  of  said  will,  the  said  Executor 
sold  the  said  real  estate  to  the  petitioner  on  the  fourth  day  of 
December  last,  for  the  sum  of  three  thousand  dollars.  He 
therefore  prays  the  Court  that  he  may  pay  the  said  sum  of 
three  thousand  dollars,  the  purchase-money  of  said  sale,  into 
Court  to  be  disposed  of  according  to  the  uses  and  trusts  con- 
tained in  said  will.(a) 

And  he  will,  &c. 

March  12,  1851.  John  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


91.  Petition  of  Purchaser  to  pay  Executor. 

p.  290,  pi.  111.     24  February  1S34,  P.  L.  76. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Robb  of  said  county,  Respectfully  re- 
presents, 

That  John  Gregg  of  the  Township  of  Penn  in  said  county, 
lately  died,  having  made  his  last  will  and  testament,  which  was 
duly  proved  on  the  first  day  of  June,  A.  D.  one  thousand  eight 
hundred  and  fifty,  and  seised  in  his  demesne  as  of  fee,  of  a  cer- 
tain messuage  and  tract  of  land  situate  in  the  said  township, 
bounded  by  lands  of  Samuel  Rex,  Wilson  Jones  and  others 
and  containing  fifty  acres  more  or  less,  with  the  appertenances  ; 
that  by  his  will  the  said  decedent  ordered  and  directed  amongst 
other  things,  that  the  said  messuage  and  tract  of  land  should 
be  sold  by  his  Executor  in  said  will  named,  and  the  proceeds 
thereof  applied  to  the  payment  of  his  debts  so  far  as  might  be 
niecessary,  and  the  remainder  of  said  proceeds  if  any,  should  bf 

(a)  See  Cadbury  v.  Duval,  10  Barr  269  et  seq.  Dahell  v.  Crauford,  1  Pars 
48  et  seq. 

13 


194  DECEDENTS. 

equally  divided  amongst  Sarah  Gregg,  the  widowof  the  testator, 
and  his  children  James  Gregg  and  Enoch  Gregg,  and  of  his  s^id 
will  appointed  John  Rex  the  Executor.  The  petitioner  further 
represents  that  in  pursuance  of  the  aforesaid  directions,  the  said 
Executor  sold  the  said  real  estate  to  the  petitioner  on  the  first 
day  of  December  last,  for  the  sum  of  three  thousand  dollars, 
to  be  paid  on  or  before  the  first  day  of  April  next,  that  the 
petitioner  is  desirous  to  pay  the  said  purchase-money  to  the 
said  Executor,  according  to  the  contract  of  the  aforesaid  sale. 
He  therefore  prays  the  Court  to  grant  him  leave  to  pay  the 
said  sum  of  three  thousand  dollars,  the  purchase-money  afore- 
said to  the  said  John  Rex  as  Executor,  &c.,  of  said  deceased, 
to  be  disposed  of  according  to  the  uses  and  trusts  of  said  ■will.(a) 

And  he  "will,  &c. 

March  10,  1851.  John  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


92.  Refunding  Bond  for  Share  of  Real  Estate. 

p.  290,  pi.  112.     24  February  1834,  P.  L.  76. 

Know  all  men  by  these  presents.  That  we,  James  Gregg, 
Enoch  Gregg  and  Wilson  Jones,  all  of  the  County  of  Chester 
and  State  of  Pennsylvania,  are  held  and  firmly  bound  to  John 
Rex,  Executor  of  the  last  will  and  testament  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  in  the 
sum  of  one  thousand  dollars  lawful  money  of  the  United  States, 
to  be  paid  to  the  said  John  Rex,  his  certain  attorney,  executors, 
administrators  or  assigns,  to  which  payment  well  and  truly  to 
be  made,  we  do  bind  ourselves  jointly  and  severally,  our  heirs, 
executors  and  administrators  firmly  by  these  presents.  Sealed 
with  our  seals,  dated  the  first  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-one. 

Whereas  the  said  James  Gregg,  one  of  the  heirs  of  the  above- 
named  John  Gregg,  deceased,  is  entitled  to  receive  the  sum  of 
five  hundred  dollars  of  the  proceeds  of  the  real  estate  of  said 

(a)  See  Cadbury  v.  Duval,  10  Barr  269  et  seq.  Dalzell  v.  Crawford,  1  Pars. 
48  e<  seq. 


DECEDENTS.  195 

decedent,  sold  pursuant  to  the  directions  of  his  will  (or — to  an 
order  of  the  Orphans'  Court  of  Chester  County — as  the  case 
may  be),  and  the  said  John  Rex  is  about  to  pay  the  said  sum 
of  five  hundred  dollars  to  the  said  James  Gregg : 

Now  the  condition  of  this  obligation  is  such  that  in  case,  after 
the  payment  of  the  said  sum  of  five  hundred  dollars  to  the  said 
James  Gregg  by  the  said  John  Rex,  any  debt  or  demand  shall 
be  recovered  against  the  estate  of  the  said  John  Gregg,  de- 
ceased, or  otherwise  be  duly  made  to  appear,  if  the  said  James 
Gregg  shall  and  will  refund  the  rateable  part  of  such  demand, 
and  the  costs  and  charges  attending  the  recovery  of  the  same, 
so  far  as  such  real  estate  would  have  been  liable  to  such  demand 
if  it  had  remained  unsold,  then  this  obligation  to  be  void,  or  else 
shall  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the  -.  James  Gregg,  [l.  s.] 

presence  of  f  Enoch  Gregg,  [l.  s.] 

James  Wills.      j  Wilson  Jones,  [l.  s.] 

George  Beale.  ^ 


93.  Petition  for  Cleric  to  execute  Deed  on  Death  of  Adminis- 
trator. 

p.  291,  pi.  114.     29  March  1832,  P.  L.  204. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Robb  of  said  county,  respectfully  repre- 
sents : 

That  by  virtue  of  an  order  of  this  Court,  a  certain  messuage 
and  tract  of  land  situate  in  the  Township  of  Penn  in  said  county, 
bounded  by  lands  of  Samuel  Rex,  Wilson  Jones  and  others,  late 
the  estate  of  John  Gregg,  deceased,  was  exposed  to  sale  on  the 
first  day  of  October  last,  by  John  Rex,  Administrator  of  said 
deceased,  and  sold  to  the  petitioner  for  the  sum  of  three  thou- 
sand dollars,  of  which,  in  accordance  with  the  conditions  of  said 
sale,  the  sum  of  one  hundred  and  fifty  dollars  has  been  paid  by 
the  petitioner  and  the  remaining  two  thousand  eight  hundred 
and  fifty  dollars  are  to  be  paid  on  the  first  day  of  April  next, 


196  DECEDENTS. 

and  the  said  sale  on  return  thereof  being  made  by  the  said 
Administrator,  was  confirmed  by  this  Court  on  the  first  day  of 
November  last.  The  petitioner  further  represents,  that  since 
the  said  sale,  to  wit,  on  or  about  the  first  day  of  November  last, 
the  said  Administrator  has  died  (or — has  been  removed  by  the 
Court — as  the  case  may  be),  and  that  no  conveyance  of  said 
real  estate  has  been  made  to  the  petitioner  as  the  purchaser 
thereof;  that  more  than  three  months  have  elapsed  since  said 
sale,  and  there  has  been  no  Administrator  to  succeed  the  said 
John  Rex :  The  petitioner  therefore  prays  the  Court  to  direct 
the  Clerk  of  this  Court  to  execute  and  deliver  to  the  petitioner, 
as  purchaser  aforesaid,  the  necessary  deed  of  conveyance  on  his 
full  compliance  with  the  terms  and  conditions  of  sale,  and  on 
his  paying  into  Court  the  moneys  payable  by  said  terms  and 
conditions.  And  he  will,  &c. 

March  12,  1861.  John  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


94.  Petition  for  Order  to  Administrator  refusing  to  make 

Deed. 

p.  291,  pi.  114.     29  March  1832,  P.  L.  204. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County. 

The  petition  of  John  Robb  of  said  county,  respectfully 
represents : 

That  by  virtue  of  an  order  of  this  Court,  a  certain  messuage 
and  tract  of  land  situate  in  the  Township  of  Penn  in  said  county, 
bounded  by  lauds  of  Samuel  Rex,  Wilson  Jones  and  others,  late 
of  the  estate  of  John  Gregg,  deceased,  was  exposed  to  sale  on 
the  first  day  of  October  last  by  John  Rex,  Administrator,  &c., 
of  said  deceased,  and  sold  to  the  petitioner  for  the  sum  of 
three  thousand  dollars,  of  which,  in  accordance  with  the  con- 
ditions of  sale,  the  sum  of  three  hundred  dollars  has  been  paid 
by  the  petitioner  and  the  remaining  sum  of  twenty-seven  hun- 
dred dollars  was  to  be  paid  on  the  first  day  of  April  last.    The 


DECEDENTS.  197 

petitioner  further  represents,  that  he  was  ready  and  willing  to 
pay  the  said  sum  of  twenty-seven  hundred  dollars  on  the  said 
first  day  of  April,  and  on  that  day  tendered  the  said  sum  to 
the  said  John  Rex,  in  compliance  with  the  conditions  of  said 
sale,  and  requested  from  the  said  Administrator  a  deed  for  the 
said  real  estate ;  that  the  said  Administrator  has  neglected  and 
refused  to  execute  and  deliver  such  deed :  The  petitioner  there- 
fore prays  the  Court  to  make  an  order  requiring  the  said  John 
Rex,  Administrator  aforesaid,  to  execute  said  deed. 

And  he  will,  &c. 

May  1,  1851.  John  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


95.  Petition  for  Clerk  to  make  Deed  after  Order  to  Adminis- 
trator. 

p.  291,  pi.  114.     29  March  1832,  P.  L.  204. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County: 

The  petition  of  John  Robb  of  said  county,  respectfully 
represents, 

That  by  virtue  of  an  order  of  this  Court,  a  certain  messuage 
and  tract  of  land  situate  in  the  Township  of  Penn  in  said  county, 
bounded  by  lands  of  Samuel  Rex,  Wilson  Jones  and  others,  late 
the  estate  of  John  Gregg,  deceased,  was  exposed  to  sale  on  the 
first  day  of  October  last  by  John  Rex,  Administrator,  &c.,  of 
said  deceased,  and  sold  to  the  petitioner  for  the  sum  of  three 
thousand  dollars,  of  which,  in  accordance  with  the  conditions 
of  said  sale,  the  sum  of  three  hundred  dollars  has  been  paid  by 
the  petitioner,  and  the  remaining  sum  of  twenty-seven  hundred 
dollars  was  to  be  paid  by  him  on  the  first  day  of  April  last, 
and  a  deed  executed  and  delivered  to  him  by  the  said  Adminis- 
trator. The  petitioner  further  represents,  that  on  the  first  day 
of  May,  A.  D.  1851,  this  Court  made  an  order  requiring  the 
said  John  Rex  to  execute  a  deed  to  the  petitioner  for  the  said 
real  estate  on  or  before  the  tenth  day  of  June  then  next,  of 


198  DECEDENTS. 

"whicli  order  tlie  said  John  Rex  has  had  due  notice  for  the  space 
of  thirty  days  before  the  said  day,  as  will  appear  by  proof  of 
service  of  the  same  hereto  annexed. 

The  petitioner  therefore  prays  the  Court  to  direct  the  Clerk 
of  the  Court  to  execute  and  deliver  to  the  petitioner  as  pur- 
chaser aforesaid,  the  necessary  deed  of  conveyance  of  the  said 
real  estate,  on  his  full  compliance  with  the  terms  and  conditions 
of  sale  and  paying  into  Court  the  moneys  payable  by  the  said 
terms  and  conditions. 

And  he  will,  &c. 

June  12,  1851.  John  Robb. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


96.  Petition  to  sell  unproductive,  ^c,  Lands  of  Minor. 

p.  292,  pi.,  118.     3  April  1851,  P.  L.  305. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  John  Robb,  Guardian,  &c.,  of  James  Gregg, 
a  minor  child  of  John  Gregg,  late  of  the  Township  of  Penn  in 
the  County  of  Chester,  deceased,  respectfully  represents. 

That  the  said  minor  is  seised  in  his  demesne  as  of  fee,  of  and 
in  a  certain  tract  of  woodland,  situate  in  the  said  Township  of 
Penn,  bounded  by  lands  of  John  Wallace,  Wilson  Jones  and 
others,  and  containing  fifty  acres  more  or  less,  with  the  apper- 
tenances  ;  that  the  said  land  is  entirely  unproductive  and  is  not 
increasing  in  value  (or  as  the  case  may  be),  and  that  it  would 
be  to  the  interest  of  the  said  James  Gregg  that  the  same  should 
be  sold.  The  petitioner  therefore  prays  the  Court  to  authorize 
him  to  make  sale  of  said  land. 

And  he  will,  &c. 

May  1,  18o0.  John  Robb. 

(Affidavit  of  Guardian  of  truth  of  petition  to  be  appended.) 

Chester  county,  ss. 

George  Jones  and  Wilson  Jones  being  duly  sworn  say,  that 


DECEDENTS.  199 

they  are  acquainted  with  the  tract  of  woodland,  the  estate  of 

Jaraes  Gregg,  the  minor  mentioned  in  the  foregoing  petition, 

and  are  of  opinion  that  the  same  would  bring  at  a  cash  sale 

the  sum  of  five  thousand  dollars,  and  that  they  are  in  no  wise 

interested  in  said  estate. 

Sworn  and  subscribed,  May 

1,  1850,  before 

George  Fisher, 

Clerl:  of  Orphans'  Court. 


George  Jones, 
Wilson  Jones. 


97.  Petition  for  Sale  of  Land  where  Minor  is  Remainderman. 

p.  292,  pi.  118.     3  April  1851,  P.  L.  305. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Sarah  Gregg  of  said  county,  respectfully 
represents, 

That  under  and  by  virtue  of  the  will  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased,  she  holds  for 
her  life  with  remainder  in  fee  to  James  Gregg  and  Enoch  Gregg, 
a  certain  messuage  and  tract  of  land  situate  in  said  township, 
bounded  by  lands  of  Wilson  Jones,  John  Wallace  and  others, 
containing  one  hundred  acres  more  or  less,  with  the  apperte- 
nances  ;  that  the  said  James  Gregg  and  Enoch  Gregg  are  minor 
children  of  the  said  John  Gregg,  and  have  for  their  guardian, 
John  Robb.  The  petitioner  further  represents  that  it  will  be 
for  the  interest  of  the  said  minors  that  the  said  land  should  be 
sold ;  she  therefore  prays  the  Court  to  appoint  a  trustee  to 
make  sale  of  said  land,  and  to  hold  the  proceeds  thereof  in  trust 
for  the  parties  interested  therein,  according  to  the  Act  of  As- 
sembly in  such  case  made  and  provided. 

And  she  will,  &c. 

May  1,  1850.  Sarah  Gregg. 

(Affidavit  of  petitioner  as  to  truth  of  petition  and  affidavit  of 
value  to  be  appended.) 


200  DECEDENTS. 


98.  Petition   ly  Trustee  for   Sale,   where  Lands   are  Unpro- 
ductive. 

p.  292,  pi.  118.     3  April  1851,  P.  L.  305. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  George  Jones  of  said  county,  respectfully 
represents, 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  died  about  the  first  day  of  June,  A.  D,  one  thousand 
eight  hundred  and  fifty,  having  made  his  last  will  and  testa- 
ment, which  was  proved  on  the  last-mentioned  day,  and  by  his 
said  will  devised  to  the  petitioner  in  fee,  a  certain  messuage  and 
tract  of  land  situate  in  the  said  Township  of  Penn,  bounded  by 
lands  of  John  Wallace,  Wilson  Jones  and  others  and  containins 
one  hundred  acres  more  or  less,  with  the  appertenances,  to 
be  held  by  the  petitioner  in  trust  nevertheless  to  collect  and 
receive  the  rents,  issues  and  profits  thereof,  and  after  deduct- 
ing the  necessary  expenses,  to  pay  the  balance  of  the  said 
proceeds  to  Sarah  Gregg,  the  widow  of  the  testator,  semi- 
annually during  the  term  of  her  life,  and  at  and  upon  her 
decease,  in  trust  to  sell  the  said  land  and  distribute  the  proceeds 
to  and  amongst  the  children  of  the  testator's  deceased  daughter, 
Mary  Rex,  the  wife  of  John  Rex  ;  and  that  the  children  of  the 
said  Mary  Rex  are  Job  Rex  and  Ellen  Rex,  both  of  whom  are 
minors,  residing  in  said  county  and  having  for  their  guardian, 
John  Robb.  The  petitioner  further  represents,  that  the  said 
tract  of  land  is  so  unproductive  and  so  greatly  out  of  repair,  that 
after  paying  the  necessary  and  proper  expenses,  there  is  a  very 
small  sum  payable  to  the  said  Sarah  Gregg,  that  the  said  real 
estate  is  depreciating  in  value  (or  as  the  case  may  be),  and  that 
it  would  be  to  the  interest  of  the  said  Sarah  Gregcj;  and  the  said 
Job  Rex  and  Ellen  Rex,  that  the  said  land  should  be  sold. 
The  petitioner  therefore  prays  the  Court  to  authorize  him  to 


DECEDENTS.  201 

make  sale  of  said  land,  according  to  the  Act  of  Assembly  in 
such  case  made  and  provided. 

And  he  will,  &c. 

George  Jones. 
May  1,  1851. 

(Affidavit  of  Trustee  of  truth  of  petition  and  affidavit  of  value 
to  be  appended.) 


99.  Order  for  Notice  of  Application  for  Sale  of  Minor  s  Land. 

p.  292,  pi.  119.     3  April  1S51,  P.  L.  306. 

And  now,  May  1,  1851,  upon  the  application  of  John  Robb, 
guardian,  &c.,  of  James  Gregg,  a  minor  child  of  John  Gregg, 
late  of  the  Township  of  Penn  in  the  County  of  Chester, 
deceased,  for  a  sale  of  the  real  estate  of  said  minor,  the  Court 
appoint  the  twelfth  day  of  June  next,  for  the  hearing  and 
investigating  the  facts  of  the  case ;  and  direct  notice  of  said 
day  and  the  aforesaid  application  to  be  given  to  Sarah  Gregg, 
the  next  of  kin  of  said  minor,  at  least  thirty  days  prior  to  the 
said  twelfth  day  of  June. 


100.  Bond  of  Guardian  on  Sale  of  Land. 

p.  292,  pi.  122.     3  April  1851,  P.  L.  306. 

Know  all  men  by  these  presents,  that  we,  John  Robb,  guar- 
dian of  the  person  and  estate  of  James  Gregg,  a  minor  child  of 
John  Gregg,  late  of  the  Township  of  Penn  in  the  County  of 
Chester  and  State  of  Pennsylvania,  deceased,  Job  Wallace  and 
Enoch  Rex,  all  of  said  County  of  Chester,  are  held  and  firmly 
bound  to  the  Commonwealth  of  Pennsylvania  in  the  sum  of 
twelve  thousand  dollars,  lawful  money  of  the  United  States,  to 
be  paid  to  the  Commonwealth,  her  certain  attorney  and  assigns, 
to  which  payment  well  and  truly  to  be  made  we  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these   presents.     Sealed  with   our  seals,  dated  the 


202  DECEDENTS. 

first  day  of  November,  in  tlie  year  of  our  Lord,  one  thousand 
eight  hundred  and  fifty. 

Whereas,  by  virtue  of  an  order  of  the  Orphans'  Court  of  said 
County  of  Chester,  made  the  first  day  of  May  in  the  year  afore- 
said, the  said  John  Robb,  guardian  aforesaid,  sohl  certain  lands 
in  the  said  order  mentioned,  the  estate  of  the  said  James  Gregg, 
to  one  Robert  Jones  for  the  sum  of  six  thousand  dollars,  and 
the  said  Court,  upon  the  return  thereof  by  the  said  guardian 
on  the  first  day  of  November,  a.  d.  1850,  did  order  and  decree 
that  upon  the  said  John  Robb  filing  in  the  office  of  the  Clerk 
of  said  Court,  a  bond  to  the  Commonwealth  in  the  sum  of 
twelve  thousand  dollars,  with  Job  Wallace  and  Enoch  Rex  as 
his  sureties,  who  are  approved  by  the  Court,  conditioned  for 
the  faithful  appropriation  of  the  proceeds  of  said  sale,  the  said 
sale  should  be  confirmed  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Robb,  guardian  aforesaid,  shall  faithfully  appropriate  the 
proceeds  of  said  sale,  then  the  above  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in  pre- 
sence of 


John  Robb,       [l.  s.] 
Job  Wallace,  [l.  s.] 


George  Fisher,  [  Enoch  Rex,      [l.  s.] 

Charles  Jacobs.  I 


101.  Petition  to  let  Minor  s  Land  on  G-round-Rent. 

p.  292,  pi.  123.     16  March  1847,  P.  L.  474. 

To  The  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County: 

The  petition  of  John  Robb,  guardian  of  the  person  and  estate 
of  James  Gregg,  a  minor  child  of  John  Gregg,  late  of  the 
Township  of  Penn  in  the  said  county,  deceased,  respectfully 
represents, 

That  the  said  minor  is  the  owner  of  a  certain  lot  of  vacant 
gi'ound  situate  at  the  south-east  corner  of  New  and  Chestnut 
Streets,  in  the  Borough  of  West  Chester  in  said  county,  being 
one  hundred  feet  on  New  Street,  and  one  hundred  and  fifty 


DECEDENTS.  203 

feet  on  Chestnut  Street ;  that  said  vacant  ground  is  unproduc- 
tive and  very  expensive,  and  that  it  will  be  to  the  interest  of 
said  minor  that  the  same  should  be  let  on  ground-rent. 

The  petitioner  therefore  prays  the  Court  to  make  a  decree 
authorizing  him  to  let  the  same  on  ground-rent  and  execute  the 
proper  and  necessary  deeds  therefor,  reserving  thereout  such 
yearly  rent  as  to  the  Court  may  seem  reasonable  and  just,  and 
making  the  principal  or  consideration-money  to  become  payable 
after  the  period  at  which  the  said  minor  shall  become  of  full  age. 

And  he  will,  &c. 

May  1,  1850.  John  Robb. 

(Affidavit  of  Guardian  of  truth  of  petition  to  be  appended.) 


102.  Petition  for  Partition. 

p.  292,  pi.  124.     29  March  1832,  P.  L.  201. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County : 

The  petition  of  James  Gregg,  a  son  of  John  Gregg,  late  of 
the  Township  of  Penn  in  the  said  county,  deceased,  respectfully 
represents. 

That  the  said  John  Gregg  died  about  the  first  day  of  May, 
Anno  Domini,  one  thousand  eight  hundred  and  fifty,  intestate, 
seised  in  his  demesne  as  of  fee,  of  and  in  a  certain  messuage 
and  tract  of  land,  situate  in  said  Township  of  Penn,  bounded  by 
lands  of  Wallace  Boyd,  James  Rex  and  others,  and  containing 
one  hundred  acres  more  or  less,  with  the  appertenances,  and 
leaving  to  survive  him  a  widow,  Sarah  Gregg,  and  two  children, 
viz.  :  James  Gregg,  the  petitioner,  and  Ellen  Gregg,  a  minor, 
having  for  her  guardian  John  Robb ;  that  under  and  by  virtue 
of  the  intestate  laws  of  this  Commonwealth  it  belongs  to  the 
said  Sarah  Gregg  to  have  one  equal  third  part  of  said  real 
estate  for  and  during  the  term  of  her  life,  and  to  the  said  James 
Gregg  and  the  said  Ellen  Gregg  each  it  belongs  to  have  one  equal 
half  part  of  the  remaining  two-thirds  of  said  real  estate  in  fee. 
No  partition  of  said  real  estate  having  been  had,  the  petitioner 
prays  the  Court  to  aAvard  an  inquest  to  make  partition  of  the 


204  DECEDENTS. 

said  real  estate  to  and  among  the  aforesaid  parties  according  to 
their  respective  rights.(a) 

And  he  "will,  &c. 

June  12,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  he  appended. 


103.  Petition  for  Seven  Men  to  make  Partition. 

p.  292,  pi.  124.     29  March  1832,  P.  L.  201. 

To  the  Honorable,  the  Judges   of  the  Orphans'   Court  of 
Chester  County : 

The  petition  of  Sarah  Gregg,  James  Gregg  and  Ellen  Gregg, 
a  minor,  by  her  guardian  George  Jones,  respectfully  represents. 

That  John  Gregg  lately  died  intestate,  seised  in  his  demesne 
as  of  fee,  of  and  in  a  certain  messuage  and  tract  of  land  situate 
in  the  Township  of  Penn  in  said  county,  bounded  by  lands  of 
Wallace  Boyd,  James  Rex  and  others,  containing  one  hundred 
acres  more  or  less,  with  the  appertenances,  and  leaving  to  sur- 
vive him  a  widow,  the  above-named  Sarah  Gregg,  and  two 
children,  viz.,  the  said  James  Gregg  and  Ellen  Gregg,  the  last 
being  a  minor,  and  having  for  her  guardian  the  said  George 
Jones ;  that  under  and  by  virtue  of  the  intestate  laws  of  this 
Commonwealth,  it  belongs  to  the  said  Sarah  Gregg  to  have  one 
equal  third  part  of  said  real  estate  for  and  during  the  term  of 
her  life,  and  to  the  said  James  Gregg  and  Ellen  Gregg  each  it 
belongs  to  have  one  equal  third  part  of  said  real  estate  in  fee. 
No  partition  of  said  real  estate  having  been  had,  the  petitioners 
pray  the  Court  to  appoint  Joseph  Jones,  &c.,  &c.,  seven  (or  more 
as  the  case  may  be),  disinterested  persons,  chosen  on  behalf 
and  with  consent  of  the  parties  to  make  partition  of  the  real 
estate  amongst  them  according  to  their  respective  rights. 

And  they  will,  &c. 

Sarah  Gregg, 
James  Gregg, 
Ellex  Gregg. 

June  12,  1850.  By  her  guardian,  George  Jones. 

(Affidavit  of  truth  of  petition  to  be  appended.) 
(a)  See  Gourlei^  v.  Kinlei/,  16  P.  F.  Smith  270. 


DECEDENTS.  205 


104.  Petition  for  Partition  where  some  Parties  are  Unknown. 

p.  293,  pi.  128.      14  April  1835,  P.  L.  275. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
the  County  of  Chester  : 

The  petition  of  James  Gregg,  a  son  of  John  Gregg,  late  of 
the  Township  of  Penn  in  the  County  of  Chester,  deceased, 
respectfully  represents. 

That  the  said  John  Gregg  died  about  the  first  day  of  May, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty, 
intestate,  leaving  to  survive  him  a  widow,  Sarah  Gregg,  two 
children,  viz.,  the  petitioner  and  Ellen  Gregg,  a  minor,  who  has 
for  her  guardian  John  Robb,  all  residing  in  said  County  of 
Chester,  and  also  the  children  of  a  deceased  son,  Robert  Gregg, 
who,  many  years  since,  removed  to  the  State  of  Illinois,  and 
died  there  shortly  after  his  removal  and  in  the  lifetime  of  the 
said  John  Gregg,  leaving  to  survive  him  four  children,  of  whom 
the  petitioner  has  not  heard  since  the  death  of  their  father  and 
whose  names  and  residence  are  therefore  unknown  to  the  peti- 
tioner :  That  the  said  John  Gregg  died  seised  in  his  demesne  as 
of  fee,  of  and  in  a  messuage  and  tract  of  land  situate  in  the  said 
Township  of  Penn,  bounded  bj'  lands  of  Wallace  Boyd,  James 
Rex  and  others,  and  containing  one  hundred  acres  more  or  less, 
with  the  appertenances ;  that  under  and  by  virtue  of  the 
intestate  laws  of  this  Commonwealth,  to  the  said  Sarah  Gregg 
it  belongs  to  have  one-third  part  of  said  real  estate  for  and 
during  the  term  of  her  natural  life  ;  that  to  the  said  James 
Gregg,  the  petitioner,  and  the  said  Ellen  Gregg  it  belongs  each 
to  have  four  equal  eighteenth  parts  of  the  said  real  estate,  and 
to  each  of  the  children  of  the  said  Robert  Gregg,  deceased,  it 
belongs  to  have  one  equal  eighteenth  part  of  said  real  estate  in 
fee.  No  partition  of  the  said  real  estate  having  been  had,  the 
petitioner  prays  the  Court  to  award  an  inquest  to  make  parti- 
tion of  the  same  to  and  amongst  the  aforesaid  parties  according 
to  their  respective  rights. 

And  he  will,  &c. 

James  Gregg. 


206  DECEDENTS. 

Chester  county,  ss. 

James  Gregg,  the  above-named  petitioner,  being  duly  sworn, 
says,  that  the  statements  in  the  foregoing  petition  are  true,  as 
he  verily  believes,  and  that  the  names  and  residences  of  the 
children  of  the  said  Robert  Gregg,  deceased,  are  unknown  to 
the  petitioner. 

,     Sworn  and  subscribed,  June  12,  ""j  James  Gregg. 

1860,  in  open  Court,  V 

George  Fisher,  Clerk.       I 


105.  Petition  for  Commissioners  to  Divide. 

P.  773,  pi.  25.     27  April  1855,  P.  L.  369.    P.  292,  pi.  124.    29  March  1832,  P.  L.  201. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Sarah  Gregg,  widow  of  John  Gregg,  late  of 
the  Township  of  Penn  in  the  County  of  Chester,  deceased, 
James  Gregg  and  Ellen  Gregg  (a  minor,  by  her  guardian,  John 
Robb),  children  of  said  deceased,  Respectfully  represents. 

That  the  said  John  Gregg  died  about  the  first  day  of  May, 
A.  D.  one  thousand  eight  hundred  and  fifty,  intestate,  leaving 
to  survive  him  the  petitioners,  his  widow  and  children  as  above 
named,  and  seised  in  his  demesne  as  of  fee,  of  and  in  a  certain 
messuage  and  tract  of  land  in  the  said  Township  of  Penn, 
bounded  by  lands  of  Wallace  Boyd,  Enoch  Rex  and  others, 
containing  one  hundred  acres  more  or  less,  with  the  apperte- 
nances ;  that  under  and  by  virtue  of  the  intestate  laws  of  this 
Commonwealth  it  belongs  to  the  said  Sarah  Gregg  to  have  one 
equal  third  part  of  the  said  real  estate  during  her  natural  life, 
and  to  the  said  James  Gregg  and  Ellen  Gregg  each  it  belongs 
to  have  one  equal  third  part  of  the  said  real  estate  in  fee.  No 
partition  of  said  real  estate  having  been  had,  the  petitioners 
pray  the  Court  to  appoint  Job  Rex,  George  Jones  and  Thomas 
Rex,  agreed  and  nominated  by  the  parties,  commissioners  to 


DECEDENTS.  -  207 

divide  and  value  the  said  real  estate  with  the  same  eflfect  as  a 
sheriflF's  inquisition  for  the  same  purpose. (a) 

And  they  will,  &c. 

Sarah  Greog, 
James  Gregg, 
Ellen  Gregg, 
Bj  her  guardian, 

John  Robb. 
June  12,  1850. 

(Aflfidavit  of  truth  of  petition  to  be  appended.) 


106.  Petition  for  Partition  under  Devise. 

p.  293,  pi.  125.     1.3  April  1840,  P.  L.  .320. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Chester : 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  John  Gregg,  late  of  said  county,  died  in  or  about  the 
month  of  May,  A.  D.  one  thousand  eight  hundred  and  fifty,  seised 
in  his  demesne  as  of  fee,  of  and  in  a  certain  messuage  and 
tract  of  land,  situate  in  the  Township  of  Penn  in  said  County 
of  Chester,  bounded  by  lands  of  Wallace  Boyd,  Enoch  Rex  and 
others,  and  containing  one  hundred  acres  more  or  less,  with  the 
appertenances,  having  made  his  last  will  and  testament  dated 
the  first  day  of  April  in  the  year  aforesaid,  and  proved  the  first 
day  of  June  in  the  same  year ;  that  by  his  said  will  the  testator 
devised  the  said  messuage  and  tract  of  land  to  his  two  grand- 
children, James  Robb  and  Charles  Robb,  children  of  a  deceased 
daughter,  Sarah  Robb  and  your  petitioner  in  fee,  to  be  equally 
divided  amongst  them  ;  that  the  said  James  Robb  and  Charles 
Robb  are  minors,  and  have  for  their  guardian  Enoch  Rex  ;  that 
by  virtue  of  the  said  devise,  the  said  James  Robb,  Charles 
Robb  and  your  petitioner  are  each  entitled  to  one  undivided 
third  part  of  said  premises.    The  petitioner  therefore  prays  the 

(a)  See  Gourley  v.  KinJeij,  16  P.  F.  Smith  270. 


208  DECEDENTS. 

Court  to  award  an  inquest  to  make  partition  of  the  aforesaid 
real  estate  to  and  among  the  parties  entitled  thereto. 

And  he  ■will,  &c. 

James  Gregg. 
June  12,  1860. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


107.  Petition  for  Partition  of  Land  held  in  Common. 

p.  293,  pi.  127.     13  March  1847,  P.  L.  319. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  the 
Chester  County: 

The  petition  of  James  Gregg  respectfully  represents, 
That  John  Gregg  of  said  county,  lately  died  intestate,  seised 
in  his  demesne  as  of  fee,  as  tenant  in  common  -with  Enoch  Rex, 
of  and  in  an  undivided  moiety  or  half  part  of  a  messuage  aid 
tract  of  land,  situate  in  the  Township  of  Penn  in  said  county, 
bounded  by  lands  of  John  Rex,  John  Robb  and  others,  and  con- 
taining one  hundred  acres  more  or  less,  with  the  appertenances, 
and  also  seised  in  his  demesne  as  of  fee  in  severalty  of  and  in  a 
certain  other  messuage  and  tract  of  land  in  the  same  Township 
of  Penn,  bounded  by  lands  of  William  James,  George  Ralston 
and  others,  and  containing  fifty  acres  more  or  less,  with  the 
appertenances :  That  the  said  John  Gregg  left  to  survive  him 
a  widow,  Sarah  Gregg,  two  children,  George  Gregg, — his  eldest 
son, — and  the  petitioner,  and  two  grandchildren,  James  Robb 
and  Charles  Robb,  children  of  Jane  Robb  a  daughter,  now  dead, 
of  the  said  John  Gregg :  That  by  virtue  of  the  laws  of  this 
Commonwealth,  the  said  Sarah  Gregg  is  entitled  to  have  one- 
third  part  of  the  said  real  estate  of  the  said  John  Gregg  for  the 
term  of  her  natural  life  ;  that  the  said  George  Gregg  and  James 
Gregg  are  each  entitled  to  two-sixth  parts,  and  the  said  James 
Robb  and  Charles  Robb  each  to  one-sixth  part  of  the  remaining 
two-third  parts,  the  same  into  six  equal  parts  to  be  divided. 


DECEDENTS.  209 

The  petitioner  therefore  prays  the  Court  to  award  an  inquest 
to  make  partition  of  the  said  real  estate  according  to  law. 

And  he  will,  &c. 

James  Gregg. 
(AflSdavit  of  truth  of  petition  to  be  appended.) 


108.  Return  of  Seven  {or    Three)   3Ien   on  Land  held  in 
in  Common. 

P.  293,  pi.  127.     13  March  1847,  P.  L.  319.     P.  773,  pi.  25.     27  April  1855,  P.  L.  201. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County  ; 

The  undersigned,  seven  (or  three)  men  appointed  by  the 
annexed  order  to  value  and  divide  the  real  estate  in  said  order 
mentioned,  respectfully  report  and  return. 

That  on  the  first  day  of  September,  A.  D.  one  thousand  eight 
hundred  and  sixty,  we  went  on  to  the  said  premises,  and  in 
presence  of  as  many  of  the  parties  as  chose  to  be  present,  all 
having  been  duly  warned,  and  said  seven  (or  three)  men  having 
been  duly  sworn  and  aflSrmed  according  to  law,  they  found  that 
the  said  premises  could  not  be  conveniently  divided  into  as  many 
shares  as  there  are  parties  entitled,  but  that  the  same  can  be 
divided  into  three  shares,  and  they  do  therefore  divide  the  same 
as  follows,  viz. :  Lot  No.  1.  The  undivided  moiety  or  half  part 
of  the  within-mentioned  messuage  and  tract  of  land,  of  which 
the  said  decedent  was  seised  as  tenant  in  common  with  Enoch 
Rex,  the  same  being  situate  in  the  Township  of  Penn  in  said 
County  of  Chester,  bounded  by  lands  of  John  Rex,  John  Roberts 
and  others,  the  whole  tract  containing  one  hundred  acres  more 
or  less,  with  the  appertenances  ;  which  undivided  moiety  we 
appraise  at  the  sum  of  six  thousand  dollars,  and  we  value  the 
part  or  share  in  said  lot,  to  which  the  said  Sarah  Gregg,  the 
widow  of  said  decedent  is  entitled,  at  the  sum  of  two  thousand 
dollars.  Lot  No.  2.  That  part  of  the  within-mentioned  messuage 
and  tract  of  land  of  which  the  decedent  was  seised  in  severalty 
beginning  at  a  stone,  thence,  &c.,  and  containing  thirty  acres 
1-1 


210  DECEDENTS. 

more  or  less,  "witli  tlie  appertenances,  Tvliicli  said  lot  No.  2,  we 
appraise  at  the  sum  of  three  thousand  dollars,  and  we  value  the 
purpart  or  share  in  said  lot  to  which  the  said  Sarah  Gregg, 
widow  aforesaid,  is  entitled  at  the  sum  of  one  thousand  dollars. 
Lot  No.  3.  Being  the  remaining  part  of  the  said  messuage  and 
tract  of  land  held  by  the  decedent  in  severalty  beginning,  &:c., 
containing  twenty  acres  more  or  less,  with  the  appertenances  ; 
which  said  lot  No.  3,  we  appraise  at  the  sum  of  fifteen  hundred 
dollars,  and  we  value  the  purpart^or  share  to  which  the  said 
Sarah  Gregg,  widow  aforesaid,  is  entitled,  at  the  sum  of  five 
hundred  dollars. 

Witness  our  hands  the  first  day  of  September  aforesaid. 

Joseph  Jacobs, 
Thomas  Good,  &c.,  &c. 


109.  Petition  for  Rule  on  Heirs. 

p.  294,  pi.  133.     29  March  1832,  P.  L.  201. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  one  of  the  children  of  John 
Gregg,  late  of  the  Township  of  Penn  in  said  county,  deceased. 
Respectfully  represents. 

That  an  inquest  awarded  by  this  Court  at  the  May  sessions 
1850,  made  return  that  the  real  estate  of  the  decedent  in  said 
inquisition  mentioned,  could  not  be  divided  amongst  the  parties 
entitled  thereto,  without  prejudice  to,  or  spoiling  the  whole,  but 
had  appraised  the  same  at  the  sum  of  six  thousand  dollars, 
which  return  was  confirmed  nisi,  on  the  tenth  day  of  August 
last.  The  petitioner  therefore  prays  the  Court  to  grant  a  rule 
on  all  persons  interested,  to  come  into  Court  on  a  certain  day 
to  be  fixed  by  this  Court,  to  accept  or  refuse  said  estate. 

And  he  will,  &c. 

James  Gregg. 

September  12,  1850. 


DECEDENTS.  211 

110.  Petition  of  Heir  offering  Advance  on  Valuation. 

p.  77*,  pi.  28.     22  April  1856,  P.  L.  534. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  James  Gregg,  a  son  of  John  Gregg,  late  of 
the  Township  of  Penn  in  the  County  of  Chester,  deceased, 
Respectfully  represents. 

That  an  inquest  awarded  by  this  Court  (or  as  the  case  may 
be),  have  returned  that  they  have  valued  the  real  estate  of  the 
said  deceased  at  the  sum  of  six  thousand  dollars,  and  that  the 
return  of  said  inquest  was  confirmed  nisi  on  the  tenth  day  of 
June  instant ;  the  petitioner  further  represents,  that  he  is  one 
of  the  parties  in  interest  in  the  said  real  estate,  and  hereby 
offers  the  sum  of  three  hundred  dollars  beyond  the  said  valua- 
tion for  the  said  real  estate  and  prays  that  the  same  may  be 
allotted  to  him  at  the  sum  of  six  thousand  three  hundred  dollars. 

And  he  will,  &c. 

June  12,  1850.  James  Gregg. 


111.  Adjudication  to  Heir  Accejyting. 

Pp.  293,  294,  295,  pi.  129,  130,  137.     29  March  1832,  P.  L.  201,  202.     P.  774,  pi.  28, 
13  April  1856,  P.  L.  534. 

In  the  matter  of  the  partition  of  the  Real  Estate  of  John 
Gregg,  late  of  the  Township  of  Penn,  deceased. 

And  now,  October  30th,  A.  D.  1850,  the  inquest  heretofore 
awarded  to  make  partition  of  the  real  estate  of  said  deceased, 
having  made  return  that  the  same  could  not  be  divided  amongst 
the  parties  entitled  without  prejudice  to  or  spoiling  the  whole  and 
that  they  had  valued  the  same  at  the  sum  of  six  thousand  dollars, 
and  proof  having  been  made  of  the  due  service  of  a  rule  upon  all 
the  persons  interested  in  said  estate  to  appear  in  Court  this  day 
and  accept  or  refus^the  same  at  the  appraisement  and  said  proof 
having  been  adjudged  sufficient,  James  Gregg,  one  of  the  parties 
in  interest,  appeared  in  open  Court  and  offered  in  writing  the 
sum  of  three  hundred  dollars  therefor  above  the  sum  of  six  thou- 
sand dollars,  the  valuation  returned  as  aforesaid,  and  asked  that 


212  DECEDENTS. 

the  said  real  estate  might  be  ordered  to  him,  at  the  sum  of  six 
thousand  three  hundred  dollars  ;  and  the  said  sum  of  three  hun- 
dred dollars  being  the  highest  price  offered  therefor  above  the 
valuation,  the  Court  do  allot  and  order  the  said  real  estate  to 
the  said  James  Gregg,  at  the  said  sum  of  six  thousand  three 
hundred  dollars  —  he  paying  to  the  other  parties  interested, 
in  one  year,  their  proportionable  part  of  the  said  sum  at  which 
the  same  is  allotted  and  ordered  to  him  as  aforesaid,  with  inte- 
rest. And  it  is  further  ordered  by  the  Court,  that  the  said 
James  Gregg  do  enter  into  recognisance  to  the  Commonwealth 
in  the  sum  of  nine  thousand  dollars,  conditioned  to  pay  the 
other  parties  interested  their  proportionable  parts  of  the  said 
sum  of  six  thousand  three  hundred  dollars,  according  to  the 
order  of  the  Court ;  and  also  giving  bond  to  each  of  the  distri- 
butees, with  John  Robb  and  Enoch  Rex  as  his  sureties, — who 
are  approved  by  the  Court, — for  the  payment  of  their  respec- 
tive shares  on  or  before  the  thirtieth  day  of  October  next,  with 
interest. 

The  purpart  or  share  of  Sarah  Gregg,  the  widow  of  said  de- 
ceased, to  wit,  the  sum  of  two  thousand  one  hundred  dollars, 
with  the  interest  thereof,  to  be  and  remain  charged  upon  the 
premises,  and  the  legal  interest  thereof  to  be  annually  and  regu- 
larly paid  by  the  said  James  Gregg,  his  heirs  and  assigns  hold- 
ing said  premises,  to  the  said  Sarah  Gregg  during  her  natural 
life,  to  be  recovered  by  the  said  Sarah  Gregg,  by  distress  or 
otherwise,  as  rents  in  this  Commonwealth  are  recoverable ;  and 
at  her  death,  the  said  principal  sum  of  two  thousand  one  hun- 
dred dollars  to  be  paid  by  the  said  James  Gregg,  his  heirs  and 
assigns  holding  the  premises,  to  the  persons  thereunto  legally 
entitled. 


DECEDENTS.  213 

112.  Decree  charging  Widoivs  Interest  on  Part  of  Real  Estate : 
to  he  added  to  Adjudication  or  Order  of  Sale  after  Petition. 

p.  1459,  pi.  4.  7  January  1867,  P.  L.  1367. 

And  it  further  appearing  to  the  Court  that  said  tract  No.  1 
is  fullj  sufficient  to  secure  the  principal  and  interest  of  the 
share  or  purpart  of  Sarah  Gregg,  deceased,  in  the  whole  of  the 
real  estate  of  said  decedent.  It  is  decreed  that  the  said  share 
or  purpart  of  the  said  Sarah  Gregg,  to  wit  the  sum  of  two 
thousand  one  hundred  dollars,  together  with  the  interest  thereof, 
shall  be  and  remain  charged  on  said  lot  No.  1,  and  the  legal 
interest  thereof  be  annually  and  regularly  paid  by  the  said 
James  Gregg  (or  by  the  purchaser  if  a  sale),  his  heirs  and  as- 
signs holding  said  premises  of  lot  No.  1,  to  the  said  Sarah  Gregg 
during  her  natural  life,  to  be  recovered  by  the  said  Sarah  Gregg 
by  distress  or  otherwise  as  rents  in  this  Commonwealth  are  re- 
coverable and  at  her  death  the  said  principal  sum  of  two  thou- 
sand one  hundred  dollars,  to  be  paid  by  the  said  James  Gregg 
(or  the  purchaser),  his  heirs  and  assigns  holding  said  premises  to 
the  persons  legally  entitled  thereto :  and  it  is  further  decreed 
that  the  remaining  tracts  or  pieces  of  land  of  said  decedent 
shall  be  wholly  discharged  from  the  share  and  purpart  of  said 
widow  or  any  part  thereof. 


113.  Adjudication  on  Acceptance  of  Two  or  more  Heirs. 

p.  294,  pi.  131.     29  March  1832,  P.  L.  201. 

In  the  matter  of  the  partition  of  the  Real  Estate  of  John 
Gregg,  late  of  the  Township  of  Penn,  deceased. 

And  now,  October  30th,  a.  d.  1850,  the  inquest  heretofore 
awarded  to  make  partition  of  the  real  estate  of  said  deceased, 
having  made  return  that  equal  partition  in  value  could  not  be 
made,  but  that  they  had  divided  the  same  into  two  purparts  or 
shares,  particularly  described  in  said  return,  and  had  appraised 


214  DECEDENTS. 

purpart  or  share  No-  1,  at  the  sum  of  two  thousand  dollars, 
and  purpart  or  share  No.  2,  at  the  sUm  of  three  thousand  dol- 
lars ;  the  Court  do  order  lot  No.  1,  to  James  Gregg,  the  eldest 
son  of  said  deceased,  who  appeared  in  open  Court  and  ac- 
cepted the  same  at  the  said  sum  of  two  thousand  dollars ;  and 
do  order  lot  No.  2,  to  Charles  Gregg  the  other  son  of  said  de- 
ceased, who  appeared  in  open  Court  and  accepted  the  same  at 
the  said  sum  of  three  thousand  dollars  ;  and  the  Court  do  further 
award  that  the  said  purpart  or  share  No.  2,  shall  be  subject  to 
the  payment  of  the  sum  of  five  hundred  dollars,  said  sum  being 
necessary  to  equalize  the  value  of  the  said  two  purparts  or 
shares  according  to  the  aforesaid  appraisement  thereof;  and 
the  Court  do  further  order,  that  the  said  Charles  Gregg  do  enter 
into  recognisance  to  the  Commonwealth  in  the  sum  of  one  thou- 
sand dollars,  conditioned  for  the  payment  of  the  said  sum  of 
five  hundred  dollars  to  the  said  James  Gregg,  in  one  year,  with 
interest,  and  also  do  give  bond  to  the  said  James  Gregg,  with 
John  Robb  and  Enoch  Rex  as  his  sureties, — who  are  approved 
by  the  Court, — conditioned  for  the  payment  to  the  said  James 
Gregg,  of  the  sum  of  five  hundred  dollars  with  interest,  in 
manner  aforesaid. 


114.  Petition  for  Decree  of  Payment  of  Owelty. 

p.  295,  pi.  136.     6  April  1844,  P.  L.  214. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  James  Gregg  a  son  of  John  Gregg,  late  of 
the  Township  of  Peun,  in  said  county,  deceased,  respectfully 
represents. 

That,  by  virtue  of  certain  proceedings  in  relation  to  the  par- 
tition of  the  real  estate  of  the  said  John  Gregg,  deceased,  it  was 
so  proceeded  in,  by  this  Court,  that  on  the  thirtieth  day  of 
October  last  past.  Lot  No.  1,  of  said  real  estate,  was  ordered  to 
your  petitioner  and  accepted  by  him  at  the  sum  of   two  thousand 


DECEDENTS.  215 

dollars,  and  Lot  No.  2  of  said  real  estate  was  decreed  to  Charles 
Gregg,  another  son  of  the  decedent,  at  the  sum  of  three  thou- 
sand dollars,  and  the  Court  awarded  that  the  said  lot  No.  2 
should  be  subject  to  the  payment  to  the  petitioner  of  the  sum 
of  five  hundred  dollars,  the  said  sum  being  necessary  to  equalize 
the  purparts  of  the  said  Charles  Grregg  and  the  petitioner.  The 
petitioner  further  represents  that  the  said  Charles  Gregg  does 
not  reside  in  this  Commonwealth,  but  resides  in  the  city  of  New 
York,  that  the  said  owelty  remains  unpaid,  and  the  petitioner 
is  therefore  lawfully  interested  in  the  same :  He  therefore 
prays  the  Court  to  order  a  rule  upon  the  said  Charles  Gregg, 
requiring  the  payment  of  said  owelty,  at  such  time  and  upon 
such  terms  and  conditions  as  the  Court  shall  direct,  and  if  upon 
the  return  of  said  rule  and  proof  of  service  thereof,  according 
to  the  order  of  the  Court,  the  said  Charles  Gregg  shall  refuse  or 
neglect  to  comply  with  the  same,  that  the  Court  will  enforce  the 
said  rule,  by  ordering  the  sale  of  said  lot  No.  2,  so  as  aforesaid 
decreed  to  the  said  Charles  Gregg,  for  the  purpose  of  paying 
said  owelty,  as  in  other  cases  of  sales,  under  the  Act  of  Assembly 
of  the  29th  day  of  March,  a.  d.  1832. 

And  he  will,  &c. 

James  Gregg. 
December  11,  1850. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


115.    Petition  to    Value  the  Interest  of  Widow  of   Tenayit  in 

Common. 

p.  295,  pi.  138.     24  April  1843,  P.  L.  G60. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  Sarah  Gregg,  widow  of  John  Gregg,  late  of 
the  township  of  Penn  in  said  County  of  Chester,  deceased, 
Respectfully  represents, 

That  the  said  John  Gregg  lately  died  intestate,  and  was  at 


216  DECEDEXTS. 

the  time  of  his  death  entitled  in  common  with  John  Robb,  to 
an  undivided  moiety  or  half  part  of  a  messuage  and  tract  of 
land,  situate  in  the  said  Township  of  Penn,  bounded  by  lands  of 
Enoch  Rex,  Wallace  Boyd  and  others,  and  containing  fifty 
acres  more  or  less,  with  the  appertenances :  that  the  said  John 
Gregg  left  to  survive  him,  his  widow,  the  petitioner  and  two 
children,  James  Gregg  and  Charles  Grecrg;,  and  two  grand- 
children,  Job  Robb  and  Ruth  Robb,  children  of  Mary  Robb, 
late  Gregg,  a  daughter,  now  dead,  of  the  decedent,  said  grand- 
children being  minors,  and  having  for  their  guardian  George 
Rex  :  The  petitioner  further  represents,  that  the  said  co-tenants 
have  failed  to  make  partition  among  themselves,  so  as  to  set 
out  in  severalty  the  portion  of  said  messuage  and  tract  of  land 
appertaining  to  the  estate  of  the  said  John  Gregg,  deceased ; 
that  more  than  one  year  has  elapsed  since  the  estate  of  the  said 
intestate  has  come  into  the  possession  of  his  representatives,  and 
that  the  said  John  Robb,  James  Gregg-,  Charles  Grecrcr,  Job 
Robb,  Ruth  Robb  and  the  petitioner,  are  all  the  parties  having 
an  interest  in  the  premises :  The  petitioner  therefore  prays  this 
Court,  to  call  before  them  all  the  said  parties  having  an  interest 
in  the  said  premises,  and  to  order  an  inquest  to  value  the  share 
or  interest  of  the  petitioner,  as  widow  aforesaid  in  the  same, 
having  reference  to  the  said  intestate's  purpart. 

And  she  will,  &c., 

Sarah  Gregg. 

April  20,  1850. 

(AflBdavit  of  truth  of  petition  to  be  appended.) 


116.   Petition  of  Co-tenant  to  Charge  Widoiv's  Interest  on  De- 
cedent's Share. 

P.  295,  pi.  138.     24  April  184.-?,  P.  L.  360. 

To  the  Honorable,   the  Judges  of  the  Orphans'   Court  of 
Chester  County  : 


DECEDENTS.  21T 

The  petition  of  John  Robb,  respectfully  represents,  That 
John  Gregg  lately  died  intestate,  leaving  to  survive  him,  his 
widow,  Sarah  Gregg,  and  two  children,  viz. :  James  Gregg  and 
Charles  Gregg,  and  two  grandchildren,  Job  Robb  and  Ruth 
Robb, — children  of  Mary  Robb,  late  Gregg,  a  daughter,  now 
deceased,  of  the  decedent — said  grandchildren  being  minors, 
and  having  for  their  guardian  George  Rex  :  That  at  the  time  of 
his  death,  the  said  John  Gregg  was  entitled,  in  common  with  the 
petitioner,  to  an  undivided  moiety  or  half  part  of  a  messuage 
and  tract  of  land  situate  in  the  Township  of  Penn,  bounded  by 
lands  of  Enoch  Rex,  Wallace  Boyd  and  others,  containing  fifty 
acres  more  or  less,  with  the  appertenances.  The  petitioner 
further  represents,  that  since  the  death  of  the  said  intestate, 
such  proceedings  were  had  in  this  Court,  upon  the  application 
of  the  said  Sarah  Gregg,  that  an  inquest  ordered  by  this  Court 
made  return,  that  they  had  valued  her  share  or  interest,  as 
widow  aforesaid,  in  said  premises,  at  the  sum  of  one  thousand 
dollars,  which  return  was  confirmed  the  tenth  day  of  January, 
A.  D.  one  thousand  eight  hundred  and  fifty,  and  the  said  valua- 
tion remained  charged  upon  said  premises  according  to  law. 
The  petitioner  further  represents,  that  since  the  return  of  said 
inquest  and  confirmation  thereof  as  aforesaid,  in  a  certain 
action  in  the  Court  of  Common  Pleas  of  said  county,  No.  10, 
to  April  Term,  1850,  partition  of  said  premises  has  been  made 
between  him  and  the  representatives  of  the  said  John  Gregg, 
deceased,  by  which  the  share  or  part  appertaining  to  the  said 
intestate's  estate  has  been  set  out  in  severalty,  that  is  to  say. 
Lot  No.  2,  as  described  in  the  return  of  the  inquest  in  said 
action,  was  allotted  to  the  above-named  James  Gregg,  Charles 
Gregg,  Job  Robb  and  Ruth  Robb,  as  the  heirs  and  representa- 
tives of  the  said  John  Gregg,  deceased.  The  petitioner  there- 
fore prays  the  Court  to  make  a  decree  charging  the  said  valua- 
tion of  the  share  or  interest  of  the  said  Sarah  Gregc;,  as  widow 
aforesaid,  in  such  manner  as  the  Court  shall  deem  just  and  equi- 
table, upon  the  said  lot  No.  2  of  the  premises  so  allotted  to  the 
heirs  and  legal  representatives  of  the  said  John  Gregg,  deceased, 


218  DECEDENTS. 

and  discharging   all  the  other  parts  of   the  premises   there- 
from. And  he  will,  kc, 

January  1,  1851.  John  Robb. 

(Affidavit  of  truth  of  petition  to  he  appended.) 


111.    Decree    Charging  Interest  of    Widow  of  Deceased  Co- 
'  Tenant  on  Land  after  Sale. 

p.  295,  pi.  138.    24  April  1843,  P.  L.  360.    P.  297,  pi.  152.     29  March  1832,  P.  L.  203. 


John  Robb 


In  the  Court  of  Com- 
mon Pleas  of  Ches- 
ter County. 

Order  of  sale  after  -writ 
de  partitione  faci- 
enda. 

No.  10,  to  July  Term, 
1851. 


James  Gregg,  Charles  Gregg,  Job 

Robb  and  Ruth  Robb,  minors  (who 

have  for  their   guardian    George 

Rex),  heirs  and  representatives  of 

John  Gregg,  deceased. 

And  now,  December  1,  1851,  it  appearing  to  the  Court,  that 
the  premises  mentioned  in  said  order  have  been  sold  by  the 
Sheriff  of  said  county  to  John  Rex,  for  the  sum  of  six  thou- 
sand dollars,  and  it  further  appearing  that  the  Orphans'  Court 
of  said  county  did,  on  the  first  day  of  June  last,  order  that 
the  sum  of  one  thousand  dollars  should  remain  charged  upon 
the  said  premises,  as  the  value  of  the  share  or  interest  of  Sarah 
Gregg,  widow  of  the  said  John  Gregg,  deceased,  in  the  one  un- 
divided moiety  or  half  part  of  said  premises  to  which  he  was 
entitled  at  the  time  of  his  death,  in  common  w4th  the  said  John 
Robb,  it  is  ordered  and  decreed  by  the  Court  that  the  sum  of 
one  thousand  dollars  (part  of  the  sum  of  six  thousand  dollars, 
the  purchase-money  aforesaid,)  shall  remain  in  the  hands  of  the 
said  John  Rex  during  the  natural  life  of  the  said  Sarah  Gregg, 
widow  aforesaid,  and  the  interest  thereof  shall  be  annually  and 
regularly  paid  to  her  by  the  said  John  Rex,  his  heirs  and  assigns 
holding  the  said  premises,  to  be  recovered  by  distress  or  other- 
wise as  rents  are  recoverable  in  this  Commonwealth,  and  at  her 
decease  the  said  sum  of  one  thousand  dollars  shall  be  paid  to 
the  persons  legally  entitled  thereto. 


DECEDENTS.  219 

118.  Petition  for  Inquest  where  there  is  a  Life  Estate. 

p.  296,  pi.  141.     29  March  1832,  P.  L.  203. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Chester  : 

The  petition  of  James  Gregg,  Respectfully  represents, 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  deceased,  lately  died  intestate,  leaving  no  widow,  mother 
or  lineal  descendants,  but  leaving  to  survive  him  a  father,  George 
Gregg,  and  three  brothers,  viz. :  James  Gregg,  Charles  Gregg, 
and  Robert  Gregg,  all  residing  in  the  County  of  Chester  :  That 
the  said  John  Gregg  died  seised  in  his  demesne  as  of  fee  of  and 
in  a  certain  messuge  and  tract  of  land  situate  in  the  said  Town- 
ship of  Penn,  bounded  by  lands  of  Enoch  Rex,  Wallace  Boyd 
and  others,  and  containing  fifty  acres  more  or  less,  with  the 
appertenances.  That  by  virtue  of  the  laws  of  this  Common- 
wealth, the  said  James  Greiro;,  Charles  Gregs  and  Robert 
Gregg,  are  each  entitled  to  one  equal  undivided  third  part  of 
said  premises,  subject  to  the  life  estate  of  the  said  George 
Gregg  in  the  same ;  the  petitioner  therefore  prays  the  Court 
to  award  an  inquest  to  make  partition  of  said  premises  to  and 
amongst  the  persons  entitled  to  the  same  as  aforesaid. 

And  he  will,  &c., 

June  12,  1850.  James  Gregg. 

(AflBdavit  of  truth  of  petition  to  be  appended.) 


119.  Decree  of  Adjudication  to  Remainderman. 

p.  296,  pi.  141.     29  March  1S32,  P.  L.  203. 

In  the  matter  of  the  partition  of  the  real  estate  of  John 
Gregg,  late  of  the  Township  of  Penn,  deceased. 

And  now,  October  30,  a.  d.  1850,  the  inquest  heretofore 
awarded  to  make  partition  of  the  real  estate  of  said  deceased, 
having  made  return  that  the  same  could  not  be  divided  amongst 
the  parties  entitled  without  prejudice  to  or  spoiling  the  whole, 


220  DECEDENTS. 

and  that  they  had  valued  the  same  at  the  sum  of  six  thousand 
dollars,  and  proof  having  been  made  of  the  due  service  of  a  rule 
upon  all  the  persons  interested  in  said  real  estate  to  appear  in 
Court  this  day  and  accept  or  refuse  the  same  at  the  appraise- 
ment, and  said  proof  having  been  adjudged  sufficient : 

It  appearing  that  no  higher  oflFer  than  the  valuation  of  the 
inquest  had  been  made  for  said  real  estate,  James  Gregg  the 
eldest  brother  of  said  deceased,  appeared  in  open  Court  and  ac- 
cepted the  said  real  estate  at  the  valuation  aforesaid,  whereupon 
the  Court  do  order  the  said  real  estate  to  the  said  James  Gregg 
at  the  sum  of  six  thousand  dollars,  the  valuation  aforesaid,  he, 
the  said  James  Gregg,  entering  into  recognisance  to  the  Com- 
monwealth in  the  sum  of  eight  thousand  dollars,  for  the  pay- 
ment of  the  interest  of  the  said  sum  of  six  thousand  dollars  to 
George  Gregg,  the  father  of  intestate,  annually  during  his  life 
and  for  the  payment  at  his  death,  of  the  principal  sum  to  the 
parties  entitled  thereto  :  and  also  giving  bond  with  Enoch  Rex 
and  Wallace  Boyd  as  sureties,  who  are  approved  by  the  Court, 
to  each  of  the  other  parties,  conditioned  for  the  payment  of 
their  distributive  shares  at  and  upon  the  death  of  the  said 
George  Gregg. 


120.  Petition  for  Order  to  Enter  Satisfaction  on  Recognisance. 

p.  296,  pi.  143.     29  March  1832,  P.  L.  203. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  by  virtue  of  certain  proceedings  in  partition  in  this 
Court,  the  real  estate  of  John  Gregg,  late  of  the  Township  of 
Penn  in  said  county,  deceased,  was  adjudged  to  the  petitioner 
on  the  thirtieth  day  of  October,  A.  D.  1850,  at  the  sum  of  six 
thousand  dollars,  and  the  petitioner  in  pursuance  of  the  order 
of  this  Court,  then  entered  into  a  recognisance  to  the  Com- 
monwealth in  the  sum  of  eight  thousand  dollars,  conditioned 
to  pay  the  interest  of  the  said  sum  of  six  thousand  dollars  to 


DECEDENTS.  221 

George  Gregg  during  his  life  and  at  his  death  to  pay  the  prin- 
cipal sum  to  the  parties  entitled  thereto :  The  petitioner  further 
represents  that  the  said  George  Gregg  died  on  the  first  day  of 
December  last  past,  and  that  upon  his  death,  Charles  Gregg 
became  entitled  to  receive  the  sum  of  two  thousand,  part  of 
the  said  sum  of  six  thousand  dollars :  that  the  entire  amount 
diie  to  the  said  Charles  Gregg  has  been  fully  paid  and  dis- 
charged and  that  the  said  Charles  Gregg  has  neglected  to  enter 
upon  the  record  his  acknowledgment  thereof.  The  petitioner 
therefore  prays  that  he  may  be  permitted  to  make  proof  of  such 
payment  to  the  said  Charles  Gregg  and  that  this  Court  will 
make  an  order  for  the  relief  of  the  petitioner  from  said  recog- 
nisance. 

And  he  will,  &c. 

April  1,  1851.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


121.  Petition  for  Rule  on  Heirs  for  Sale. 

P.  297,  pi.  149.     29  March  1832,  P.  L.  203. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  one  of  the  children  and  heirs 
of  John  Gregg,  late  of  the  Township  of  Penn  in  said  county,  de- 
ceased, Respectfully  represents. 

That  an  inquest  awarded  by  this  Court  at  the  last  May  Ses- 
sion thereof,  made  return  that  the  real  estate  of  the  decedent  in 
said  inquisition  mentioned,  could  not  be  divided  amongst  the 
parties  entitled  thereto,  without  prejudice  to  or  spoiling  the 
whole,  but  appraised  the  same  at  the  sum  of  six  thousand  dol- 
lars and  said  return  was  confirmed  7iisi  on  the  tenth  day  of 
August  next  following ;  that  upon  the  twelfth  day  of  Sep- 
tember, in  the  same  year,  upon  the  application  of  the  petitioner, 
this  Court  granted  a  rule  upon  all  persons  interested  in  said 
real  estate,  to  come  into  Court  on  the  first  day  of  November 
then  next,  to  accept  or  refuse  the  said  real  estate  at  the  valua- 
tion :  The  petitioner  further  represents  that  due  notice  of  said 


222  DECEDENTS. 

rule  has  been  given  to  all  the  heirs  of  the  said  John  Gregg,  de- 
ceased, and  that  thej  have  neglected  or  refused  to  take  the  said 
real  estate  at  the  valuation :  He  therefore  prays  the  Court  to 
grant  a  rule  upon  the  other  heirs  and  others  interested,  to  show 
cause  why  the  said  real  estate  should  not  be  sold. 

And  he  will,  &c., 

November  5,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


122.  Petition  for  Order  of  Sale  without  Rule. 

p.  297,  pi.  149.     29  March  1832,  P.  L.  203. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg  and  Charles  Gregg,  children 
of  John  Gregg,  late  of  the  Township  of  Penn  in  said  county, 
deceased,  and  Job  Robb  and  Ruth  Robb,  minors,  children 
of  Mary  Robb,  a  daughter,  now  deceased,  of  the  said  John 
Gregg,  by  their  guardian,  George  Rex,  Respectfully  repre- 
sents. 

That  an  inquest  awarded  by  this  Court,  made  return,  that 
the  real  estate  of  the  said  John  Gregg,  deceased,  in  said  inqui- 
sition mentioned,  could  not  be  divided  without  prejudice  to  or 
spoiling  the  whole  and  appraised  the  same  at  the  sum  of  six 
thousand  dollars,  which  return  was  confirmed  nisi,  on  the 
twelfth  day  of  September  last;  that  a  rule  was  granted  by  this 
Court  on  all  the  parties  interested,  to  come  into  Court  this  day 
to  accept  or  refuse  the  said  real  estate  at  the  valuation :  The 
petitioners  further  represent  that  they  are  all  the  heirs  of  the 
said  John  Gregg,  deceased,  and  having  had  due  notice  of  the 
above-mentioned  rule,  do  refuse  to  accept  said  real  estate  at 
the  valuation  and  pray  the  Court  to  dispense  with  any  rule 
to  show  cause  why  the  said  real  estate  should  not  be  sold,  and 
make  a  decree,  authorizing  and  requiring  John  Robb,  the 
Administrator,  &c.,  of  said  decedent  to  expose  said  real  estate 


DECEDENTS.  223 

to  public  sale,  at  such  time  and  place  and  upon  such  terms  as 
the  Court  may  decree. 

And  they  will,  &c. 

James  Gregg, 
Charles  Gregg, 
Job  Robe, 
euth  robb, 
November  1,  1850.  by  George  Rex,  Guardian. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


123.  Petition  for  Rule  to  Accept  or  Refuse,  or  for  Sale. 

p.  297,  pi.  150.     25  April  1850,  P.  L.  569. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  one  of  the  heirs  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased, 
Respectfully  represents. 

That  an  inquest  awarded  by  this  Court,  made  return  that  the 
real  estate  of  said  deceased  in  the  inquisition  mentioned,  could 
not  be  divided  without  prejudice  to  or  spoiling  the  whole,  and 
appraised  the  same  at  the  sum  of  six  thousand  dollars,  which 
return  was  confirmed  nisi,  on  the  twelfth  day  of  September 
last.  The  petitioner  therefore  prays  the  Court  to  grant  a  rule 
upon  the  parties  interested,  to  appear  in  Court  at  a  certain  day 
to  be  fixed  by  the  Court,  to  accept  or  refuse  said  real  estate  at 
the  valuation  or  show  cause  why  the  same  should  not  be  sold, 
in  case  the  said  parties  should  neglect  or  refuse  to  take  and 
accept  the  same  as  aforesaid. 

And  he  will,  &c. 

October  1,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


224  DECEDENTS. 


124.  Decree  of  Court  for  Sale. 

p.  290,  pi.  110.     29  March  1832,  P.  L.  208.     P.  297,  pi.  150,  152.     25  April  1850, 
P.  L.  569.     29  March  1832,  P.  L.  203. 

And  now,  November  5,  1850,  on  due  proof  of  notice,  accord- 
ing to  the  order  of  the  Court  to  all  the  heirs  and  parties  inte- 
rested in  the  real  estate  of  John  Gregg,  late  of  the  Township 
of  Penn,  deceased,  to  appear  in  Court  on  the  first  day  of 
November,  instant,  to  accept  or  refuse  said  real  estate  at  the 
valuation  thereof  or  show  cause  why  the  same  should  not  be 
sold :  And  all  said  heirs  having  neglected  or  refused  to  take 
and  accept  the  same  or  show  cause  as  aforesaid,  the  Court  do 
authorize  and  require  John  Robb,  Administrator,  &c.,  of  said 
deceased  (he  having  first  given  bond  to  the  Commonwealth  in 
the  sum  of  eight  thousand  dollars,  with  Enoch  Rex  and  George 
Wills  as  his  sureties,  who  are  approved  by  the  Court,  condi- 
tioned for  the  faithful  application  of  the  proceeds  of  such  real 
estate,  according  to  law),  to  expose  the  said  real  estate  to  sale 
on  the  premises,  on  the  sixth  day  of  December  next,  on  the 
following  terms,  to  wit :  One-third  of  the  purchase-money  to  be 
paid  cash,  one-third  in  one  year,  and  one-third  at  the  death  of 
Sarah  Gregg,  the  widow  of  said  deceased,  the  latter  two  pay- 
ments with  their  interest  paj'able  annually,  to  be  secured  by 
bond  and  mortgage  on  the  premises. 

And  it  is  further  decreed,  that  the  share  of  the  said  Sarah 
Gregg,  widow  aforesaid,  shall  remain  in  the  hands  of  the  pur- 
chaser during  her  natural  life  and  the  interest  thereof  shall  be 
annually  and  regularly  paid  to  her  by  the  purchaser,  his  heirs 
and  assigns  holding  the  premises,  to  be  recovered  by  distress  or 
otherwise,  as  rents  are  recoverable  in  this  Commonwealth,  and 
at  her  decease  her  share  of  the  purchase-money  shall  be  paid  to 
the  persons  legally  entitled  thereto. 

Notice  of  said  sale  to  be  given  agreeably  to  the  provisions  of 
the  54th  section  of  the  Act  of  March  29,  1832,  relating  to 
Orphans'  Courts. 


DECEDENTS.  225 

125.  Petition  of  Successor  of  deceased  Administrator  to  make 

Deed. 

p.  298,  pi.  153.     29  March  1832,  P.  L.  204. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Charles  Wills,  Administrator  de  bonis  non  of 
John  Gregg,  late  of  the  Township  of  Penn  in  said  county, 
deceased,  Respectfully  represents, 

That  pursuant  to  an  order  of  this  Court,  John  Robb,  Ad- 
ministrator, &c.,  of  said  John  Gregg,  deceased,  on  the  sixth 
day  of  December,  a.  d.  1850,  exposed  to  public  sale  the  real 
estate  of  said  John  Gregg,  deceased,  and  sold  the  same  to 
Enoch  Rex,  for  the  sum  of  six  thousand  dollars  and  that  the 
said  sale  on  return  thereof  was  duly  confirmed  on  the  tenth 
day  of  the  same  month  of  December ;  that  after  the  confirma- 
tion of  said  sale  and  before  a  conveyance  was  made  to  the  pur- 
chaser, the  said  John  Robb  died  and  administration  of  the 
unadministered  goods  of  the  said  John  Gregg,  deceased,  was 
granted  to  the  petitioner ;  that  the  petitioner  is  desirous  to 
execute  and  deliver  to  the  said  Enoch  Rex,  a  deed  of  convey- 
ance for  the  said  real  estate,  according  to  the  Act  of  Assembly 
in  such  case  made  and  provided.  He  therefore  prays  the  Court 
that  he  may  be  allowed  to  give  security  to  be  approved  by  the 
Court  for  the  faithful  appropriation  of  the  proceeds  of  the 
aforesaid  sale,  in  order  that  he  may  execute  and  deliver  to  said 
purchaser  a  deed  of  conveyance  of  said  estate. 

And  he  will,  &c. 
January  1,  1851.  Charles  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


126.   Order  of  Court  on  Administrator  to  Execute  Deed,  ^c. 

p.  298,  pi.  153.     29  March  1832,  P.  L.  204. 

In  the  Estate  of  John  Gregg,  " 
late  of  the  Township  of  Penn 
in  the  County  of  Chester,  de- 
coased. 
15 


In  the  Orphans'  Court  of 
Chester  County. 


226  DECEDENTS. 

And  now,  April  2,  A.  d.  1851,  on  the  petition  of  Enoch  Rex, 
the  Court  order  that  John  Robb,  Administrator,  &c.,  of  said 
deceased,  do  forthwith  execute  and  deliver  to  the  said  Enoch 
Rex  a  deed  of  conveyance  of  the  real  estate  of  said  deceased, 
sold  to  him  pursuant  to  an  order  of  this  Court,  and  the  sale 
thereof  confirmed  on  the  tenth  day  of  December  last,  upon  the 
said  Enoch  Rex  complying  with  the  terms  and  conditions  of  sale. 

By  the  Court, 

George  Fisher,  Clerk. 

[To  he  endorsed.) 
Chester  county,  ss. 

i-  Henry  Wallings,  being  duly  sworn  says,  that  he  served  the 
order  of  which  the  within  is  a  true  copy,  on  the  therein-named 
John  Robb,  by  delivering  the  same  to  him  personally  on  the 
second  day  of  April  last  past. 

Sworn  and  subscribed  in  open  ^  Henry  "Wallings. 

Court,  May  3,  1851.  I 

Georcre  Fisher.       I 


127.  Petition  for  Trustee  to  Execute  Order  of  Sale  where 
Administrator  refuses. 

p.  298,  pi.  154.     24  February  1834,  P.  L.  SI. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  a  child  and  heir  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  Respect- 
fully represents, 

That  such  proceedings  in  relation  to  the  partition  of  the  real 
estate  of  said  deceased  were  had  in  this  Court,  that  on  the  first 
day  of  November  last,  an  order  was  directed  to  issue  to  John 
Robb,  Administrator,  &c.,  of  said  deceased,  to  sell  said  real 
estate,  as  by  said  order  will  more  fully  appear ;  that  the  said  John 
Robb  has  neglected  to  execute  said  order;  the  petitioner  there- 


DECEDENTS.  227 

fore  respectfully  prays  the  Court  to  appoint  some  suitable  per- 
son trustee,  for  the  purpose  of  making  such  sale. 

And  he  will,  &c., 

December  1,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


128.  Petition  for  Trustee  to  execute   Order  of  Sale  where  there 
is  no  Administrator. 

p.  298,  pi.  154.     24  February  1S34,  P.  L.  81. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  one  of  the  sons  and  heirs  of 
John  Gregg,  late  of  the  Township  of  Penn  in  said  county,  de- 
ceased. Respectfully  represents, 

That  such  proceedings  in  relation  to  the  partition  of  the  real 
estate  of  said  deceased,  have  been  had  in  this  Court,  that  an 
order  has  this  day  been  directed  to  issue  for  the  sale  of  said  real 
estate  and  that  there  is  no  executor  or  administrator  of  the 
estate  of  said  deceased :  The  petitioner  therefore  prays  the 
Court  to  appoint  some  suitable  person  trustee,  for  the  purpose 
of  making  such  sale. 

And  he  will,  &c., 

November  1,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


129.  Petition  of  Hushand  to  receive  Wife's  Share  on  Security. 

p.  298,  pi.  156.  29  March  1832,  P.  L.  205. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County : 

The  petition  of  James  Robb,  Respectfully  represents, 
That  he  is  intermarried  with  Mary,  a  daughter  and  heir  of 
John  Gregg,  late  of  the  Township  of  Penn  in  said  county,  de- 
ceased :  That  by  virtue  of  proceedings  in  this  Court,  the  sura 
of  five  hundred  dollars  was  on  the  tenth  day  of  October  last, 


228  DECEDENTS. 

awarded  to  the  said  Mary  Robb,  as  the  share  or  portion  to 
which  she  is  entitled  out  of  the  real  estate  of  the  said  decedent : 
The  petitioner  further  represents  that  he  is  desirous  to  give  se- 
curity, with  condition,  as  is  provided  by  the  48th  section  of 
the  Act  of  March  29,  1832,  relating  to  Orphans'  Courts,  in 
order  that  the  amount  of  said  share  or  portion  may  be  paid 
to  him.  He  therefore  prays  the  Court  to  allow  him  to  give 
such  security  and  to  make  a  decree,  directing  the  payment  to 
him  of  the  said  share  or  portion. (a) 

And  he  will,  &c., 

November  1,  1850.  James  Robb. 

(AiBdavit  of  truth  of  petition  to  be  appended.) 


130.  Decree  aivarding  Wife's  Share  to  Husband  on  Security. 

p.  298,  pi.  156.     29  March  1832,  P.  L.  203. 

And  now,  November  1,  1850,  the  Court  order  and  decree, 
that  the  sum  of  five  hundred  dollars,  awarded  on  the  tenth 
day  of  October,  a.  d.  1850,  for  the  share  or  portion  to  which 
Mary  Robb,  the  wife  of  James  Robb  and  a  daughter  and  heir 
of  John  Gregg,  late  of  the  Township  of  Penn,  deceased,  is  en- 
titled out  of  the  real  estate  of  said  deceased,  be  paid  to  the  said 
James  Robb,  he  entering  into  bond  to  the  Commonwealth  in 
the  sum  of  one  thousand  dollars  with  Enoch  Rex  and  John 
Robb  as  his  sureties,  who  are  approved  by  the  Court,  con- 
ditioned for  the  payment  of  the  said  sum  of  five  hundred  dol- 
lars upon  his  death,  to  the  said  Mary  Robb,  or  if  she  shall  not 
survive  him,  to  her  heirs,  as  if  it  were  real  estate. 


131.  Petition  of  Husband  for  Trustee  for  his  Wife's  Share. 

p.  298,  pi.  156.     29  March  1832,  P.  L.  205. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Robb,  Respectfully  represents, 
That  the  petitioner  is  intermarried  with  Mary,  a  daughter  and 
(a)  Quere :  As  to  effect  of  Married  Women's  law  on  this. 


DECEDENTS.  229 

heir  of  Jolin  Gregg,  late  of  the  Township  of  Penn  in  said  county, 
deceased ;  that  by  virtue  of  proceedings  in  this  Court  the  sum 
of  five  hundred  dollars  was,  on  the  tenth  day  of  October  last, 
awarded  to  the  said  Mary  Robb,  as  the  share  or  portion  to 
which  she  is  entitled  out  of  the  real  estate  of  the  said  decedent. 
The  petitioner  further  represents,  that  he  respectfully  refuses 
to  give  security,  as  is  provided  by  the  48th  section  of  the  Act 
of  March  29,  1832,  relating  to  Orphans'  Courts,  that  the  said 
share  or  portion  may  be  paid  to  him :  He  therefore  prays  the 
Court  to  decree  that  the  same  may  be  vested  in  trustees,  as  is 
provided  by  the  aforesaid  section  of  said  Act,  reserving  to  him 
the  interest  thereof  during  his  life. 

And  he  will,  &c. 

November  1,  1850.  James  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


132.  Decree  of  Court  Appointing  Trustees  for  Wife's  Share. 

p.  298,  pi.  156.     29  March  1832,  P.  L.  205. 

And  now,  November  1,  1850,  the  Court  order  and  decree 
that  the  sum  of  five  hundred  dollars,  awarded  on  the  tenth  day 
of  October,  A.  D.  1850,  for  the  share  or  portion  to  which  Mary 
Robb,  the  wife  of  James  Robb  and  a  daughter  and  heir  of  John 
Gregg,  late  of  the  Township  of  Penn,  deceased,  is  entitled  out 
of  the  real  estate  of  said  deceased,  be  vested  in  Enoch  Rex  and 
George  Rex,  trustees,  who  are  approved  by  the  Court,  in  trust 
to  pay  the  same  to  the  said  Mary  Robb  after  the  death  of  the 
said  James  Robb,  or,  if  she  shall  not  survive  him,  to  her  heirs 
as  if  the  same  were  real  estate,  and  to  pay  the  interest  thereof 
to  the  said  James  Robb  annually  during  his  life. 


230  DECEDENTS. 


133.  Declaration  of  Wife  that  her  Share  he  paid  to 
Husband,  ^c. 

p.  298,  pi.  156.    29  March  1832,  P.  L.  205. 

In   the   Estate    of  John  Gregg,   late^  In    the    Orphans' 

of  the  Township  of  Penn  in  the  County  >     Court  of  Chester 

of  Chester,  deceased.  J      County. 

Whereas  I,  Mary  Robb,  wife  of  James  Robb,  am  entitled  to 

the  sum  of  five  hundred  dollars,  proceeding  from  the  sale  of 

the  real  estate  of  John  Gregg,  late  of  the  Township  of  Penn  in 

said    County   of   Chester,    deceased :    Now   I  do    certify    and 

declare,  that  I  consent  and  agree  that  the  same  be  paid  to  my 

husband  the  said  James  Robb,  without  any  condition  or  security 

whatever.     Witness  my  hand,  this  first  day  of  November,  A.  D. 

one  thousand  eight  hundred  and  fifty. 

Mary  Robb. 

On  the  first  day  of  November,  Anno  Domini  one  thousand 
eight  hundred  and  fifty,  personally  appeared  before  me,  one  of 
the  Judges  of  the  Orphans'  Court  for  the  County  of  Chester, 
Mary  Robb,  wife  of  James  Robb  of  the  Township  of  Elk  in  said 
county,  farmer,  who,  being  of  full  age  and  by  me  examined 
separate  and  apart  from  her  said  husband,  and  the  contents  and 
legal  effect  of  the  foregoing  instrument  by  me  fully  explained 
and  made  known  to  her,  declared  that  she  executed  the  same 
freely  and  voluntarily,  without  any  threat  or  compulsion  on  the 
part  of  her  husband  or  any  other  person.  Witness  my  hand 
and  seal  the  day  and  year  above  written. 

TowNSEND  Haines,  [l.  s.] 


134.  Petition  for  Auditor   to  ascertain  Liens   on   Shares  on 
Acceptance  in  Partition. 

P.  299,  pi.  157.     29  March  1832,  P.  L.  206. 

To  the  Honorable,  the  Judges    of   the  Orphans'   Court  of 
Chester  County : 

The  petition  of  James  Gregg,  eldest  son  and  one  of  the  heirs 


DECEDENTS.  231 

of  John  Gregg,  late  of  the  Township  of  Penn  in  said  county, 
deceased,  Respectfully  represents, 

That  by  virtue  of  proceedings  in  partition  in  this  Court,  in 
relation  to  the  real  estate  of  said  decedent,  an  inquest  appointed 
by  this  Court  returned,  that  said  real  estate  could  not  be 
divided  amongst  the  heirs  and  legal  representatives  of  said 
deceased,  without  prejudice  to  or  spoiling  the  whole,  and  that 
they  had  appraised  the  same  at  the  sum  of  six  thousand  dollars, 
which  return  was  confirmed  nisi  by  this  Court,  on  the  first  day 
of  October,  a.  d.  1850,  and  that  the  petitioner  has  this  day 
accepted  the  same  at  the  valuation  thereof;  that  in  consequence 
of  the  said  proceedings,  the  shares  or  parts  of  the  other  heirs 
of  said  John  Gregg,  in  said  real  estate,  have  been  converted 
into  money.  The  petitioner  therefore  prays  the  Court  to 
appoint  a  suitable  person  as  Auditor  to  ascertain  whether  there 
are  any  liens  or  encumbrances  on  said  real  estate  affecting  the 
interest  of  the  parties. 

And  he  will,  &c. 

October  5,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


135.  Petition  for  Auditor  to  ascertain  Liens  07i  Shares  after 

Sale. 

p.  299,  pi.  157.     29  March  1S32,  P.  L.  206. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County: 

The  petition  of  James  Gregg,  a  son  and  heir  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  Respect- 
fully represents. 

That  by  virtue  of  an  order  of  this  Court  after  proceedings  in 
partition,  the  real  estate  of  said  decedent  was,  on  the  first  day 
of  September,  A.  D.  1850,  sold  to  Enoch  Rex  for  the  sum  of 
six  thousand  dollars,  and  said  sale,  on  return  thereof,  was  con- 
firmed nisi  on  the  twelfth  day  of  the  same  month ;  that  in  con- 
sequence of  said  sale,  the  shares  and  parts  of  the  other  heirs  in 


232  DECEDENTS. 

said  real  estate  have  been  converted  into  money  :  The  petitioner 
therefore  prays  the  Court  to  appoint  a  suitable  person  as  Au- 
ditor to  ascertain  whether  there  are  any  liens  or  other  encum- 
brances on  said  real  estate  affecting  the  interests  of  the  parties. 

And  he  will,  &c. 

September  12,  1850.  James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


136.  Petition  to  pay  Valuation  Money  into  Court  to  pay  Liens. 

p.  299,  pi.  157.     29  March  1832,  P.  L.  206. 

To  the  Honorable,   the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 
That  by  virtue  of  certain  proceedings  in  partition,  in  relation 
to  the  real  estate  of  John  Gregg,  deceased,  the  same  was  on  the 
first  day  of  September,  A.  D.  1850,  ordered  to  James  Gregg, 
the  eldest  son  of  said  decedent,  at  the  sum  of  six  thousand 
dollars,  the  valuation  thereof,  and  the  said  James  Gregg  did  on 
the  same  day  enter  into  recognisance  to  the  Commonwealth  in 
the  sum  of  six  thousand  dollars,  conditioned  for  the  payment 
to  the  other  heirs  of  said  decedent  of  their  proportionable  parts, 
in  one  year  from  said  day  with  interest :  The  petitioner  further 
represents,  that  he  holds  a  judgment  in  the  Court  of  Common 
Pleas  of  said  county,  for  the  sum  of  one  thousand  dollars 
against  Charles  Gregg,  a  son  and  heir  of  said  decedent,  which 
judgment  was  recovered  on  the  first  day  of  August,  A.  D.  1850, 
and  was  at  the  time  of  the  partition  aforesaid,  a  lien  on  said  real 
estate,  affecting  the  interest  of  the  said  Charles  Gregg  therein, 
and  that  the  share  or  part  of  the  said  Charles  Gregg  in  the  valua- 
tion money  aforesaid  is  three  thousand  dollars :  The  petitioner 
therefore  prays  the  Court  to  make  an  order  on  the  said  James 
Gregg  to  pay  into  Court  the  amount  of  the  said  recognisance, 
when  the  same  shall  become  due,  to  be  distributed  according  to 


DECEDENTS.  233 

the  provisions  of  the  49th  section  of  the  Act  of  March  29,  a.  d. 
1832,  relating  to  Orphans'  Courts. 

And  he  will,  &c. 

January  1,  1851.  Enoch  Rex. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


137.  Petition  hy  Executor  to    loan  Money  of  Distributee  not 
giving  Refunding  Bond. 

p.  299,  pi.  159.     p.  302,  pi.  178.     24  February  1834,  P.  L.  81. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County : 

The  petition  of  John  Robb,  Administrator,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn,  deceased,  Respectfully  represents, 

That  such  proceedings  were  had  in  said  Court  in  relation  to 
the  real  estate  of  said  deceased,  that  on  the  first  day  of  Octo- 
ber last,  this  Court  decreed  that  James  Gregg,  a  son  and  heir 
of  said  deceased,  was  entitled  to  the  sum  of  one  thousand  dol- 
lars, his  distributive  share  of  the  proceeds  of  said  real  estate, 
in  the  hands  of  the  petitioner  as  administrator  aforesaid ;  that 
the  petitioner  is  desirous  to  pay  over  the  said  sum  of  one  thou- 
sand dollars,  but  that  the  said  James  Gregg  is  unable  to  give 
security  to  refund,  as  is  provided  by  the  45th  section  of  the 
Act  of  February  24,  1834,  relating  to  Executors  and  Adminis- 
trators :  The  petitioner  further  represents,  that  he  is  desirous  to 
put  the  said  money  at  interest  by  lending  the  same  to  Enoch 
Rex,  upon  bond  and  mortgage  on  a  tract  of  land  in  said  Town- 
ship of  Penn,  bounded  by  lands  of  Wallace  Boyd,  Job  Wills 
and  others,  containing  fifty  acres  more  or  less,  with  the  apper- 
tenances :  The  petitioner  therefore  prays  the  Court  to  approve 
said  security. 

And  he  will,  &c. 

November  1,  1850.  John  Robb. 

(Afl5davit  of  truth  of  petition  to  be  appended.) 


234  DECEDENTS. 

138.  Exceptions  to  Administration  Account, 

p.  300,  pi.  167.     14  April  1835,  P.  L.  275. 

Ix  THE  Matter  of  the  Account  of"^ 

John  Robb,  Administrator  of  John  |  i^  the  Orphans'  Court 
Gregg,    late   of  the    Township    of  j'      of  Chester  County. 
Penn,  deceased. 

Exceptions  to  the  above-mentioned  account,  by  James  Gregg, 
a  son  of  said  deceased  and  interested  therein : 

1.  The  accountant  has  not  charged  himself  "with  all  the  in- 
terest which  he  has  received  or  ought  to  have  received. 

2.  The  accountant  has  a  credit  for  $500  compensation  which 
is  too  much  and  should  be  reduced  (or  as  the  exception  may  be). 

3.  (Or  as  the  number  may  be).  The  account  requires  a  gene- 
ral examination  and  revision. 

James  Gregg. 

Chester  county,  ss. 

James  Gregg,  being  duly  sworn  says,  that  the  statements  in 
the  foregoing  exceptions  are  true  as  he  verily  believes. 


Sworn  and  subscribed, 
November  1, 1850,  in 
open  Court. 

George  Fisher, 
Clerk. 


James  Gregg. 


139.  Petition  for  Auditor  to  average  Assets. 

P.  300,  pi.  16S,  109.     29  March  1832,  P.  L.  194.     13  April  1S40,  P.  L.  319. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  Respect- 
fully represents : 


DECEDENTS.  235 

That  lie  has  settled  an  account  of  his  administration  of  the 
estate  of  said  deceased,  which  was  confirmed  by  this  Court  on 
the  twelfth  day  of  June  last,  and  by  which  it  appears,  that  the 
assets  in  his  hands  amount  to  the  sum  of  five  hundred  dollars  : 
and  that  said  assets  are  not  sufficient  to  pay  all  the  debts  of  the 
said  decedent ;  lie  therefore  prays  the  Court  to  appoint  an 
auditor  or  auditors  to  settle  and  adjust  the  rates  and  proportions 
of  said  assets  to  and  among  the  respective  creditors  of  the  said 
decedent  according  to  the  order  established  by  law. 

And  he  will,  &c., 

John  Kex, 
Administrator. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


140.  Petition  for  Auditor  to  Distribute. 

p.  300,  pi.  169.     13  April  1840,  P.  L.  319. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  a  son  and  one  of  the  heirs  of 
John  Gregg,  late  of  the  township  of  Penn  in  said  county,  de- 
ceased, Respectfully  represents, 

That  John  Rex,  Administrator,  &c.,  of  said  deceased,  has 
settled  an  account  of  his  administration  of  the  estate  of  said 
decedent,  which  was  confirmed  7iisi  by  this  Court  on  the  twelfth 
day  of  June  last :  that  by  said  account  it  appears  that  there  is 
of  the  estate  of  said  decedent,  in  the  hands  of  said  adminis- 
trator, the  sum  of  five  hundred  dollars,  and  that  the  petitioner 
is  interested  in  the  distribution  thereof :  He  therefore  prays  the 
Court  to  appoint  an  auditor  or  auditors  to  make  distribution  of 
said  estate  to  and  amongst  the  parties  entitled  thereto. 

And  he  will,  &c., 

James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


236  DECEDENTS. 


141.  Petition  to  enter  Satisfaction  of  Transcript. 

p.  301,  pi.  172.     29  March  1S32,  P.  L.  198. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn,  deceased,  Respectfully  represents, 

That  upon  the  settlement  of  his  account  of  the  estate  of  said 
decedent,  which  was  confirmed  nisi  on  the  twelfth  day  of  June 
last,  there  appeared  to  be  due  from  him  and  in  his  hands,  the 
sum  of  five  hundred  dollars ;  that  a  certified  transcript  of  said 
account  was  furnished  to  the  Prothonotary  of  the  Court  of  Com- 
mon Pleas  of  Chester  County,  who  filed  and  docketed  the  same 
agreeably  to  the  provisions  of  the  Act  of  Assembly  in  such  case 
made  and  provided,  and  the  said  transcript  thereupon  became  a 
lien  upon  the  real  estate  of  the  petitioner.  The  petitioner 
further  represents,  that  said  sum  of  money  w^as  payable  to 
James  Gregor  and  Charles  Greo:or,  sons  of  said  deceased,  as  will 

CO  Co'  ' 

appear  by  the  report  of  the  auditor  appointed  to  make  distribu- 
tion of  the  same,  and  the  decree  of  this  Court  confirming  said 
report,  on  the  first  day  of  August,  A.  D.  1850.  The  petitioner 
further  represents,  that  by  payment  of  the  aforesaid  sum  of 
money  to  the  said  James  Gregg  and  Charles  Gregg,  according 
to  the  aforesaid  decree,  he  has  fully  paid  and  discharged  the 
amount  of  said  lien,  and  has  in  writing  requested  the  said 
James  Gregg  and  Charles  Gregg  to  enter  satisfaction  thereof 
on  the  record  of  said  transcript,  in  the  Court  of  Common  Pleas 
aforesaid  and  has  tendered  all  the  cost  for  the  same ;  that  more 
than  thirty  days  have  elapsed  since  the  making  of  said  request 
and  tender,  and  the  said  James  Gregg  and  Charles  Gregg  have 
hitherto  neglected  and  refused,  and  still  neglect  and  refuse  to 
enter  satisfaction  aforesaid.  The  petitioner  therefore  prays  the 
Court  to  permit  him  to  make  proof,  that  the  entire  amount  due 
from  him  as  administrator  aforesaid,  according  to  the  final 
settlement  of  said  account,  has  been  fully  paid  and  discharged, 


DECEDENTS.  237 

and  that  upon  due  proof  being  made  thereof,  this  Court  will 
make  an  order  for  his  relief  from  such  recorded  lien. 
And  he  will,  &c. 

John  Rex,  Administrator. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


142.  Petition  for  Review  of  Account. 

p.  301,  pi.  173.     13  October  1840,  P.  L.  1. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County  : 

The  petition  of  James  Gregg,  one  of  the  sons  of  John  Gregg, 
late  of  the  Township  of  Penn  in  said  county,  deceased,  Respect- 
fully represents. 

That  John  Rex,  Administrator,  &c.,  of  said  deceased,  settled 
an  account  of  his  administration  of  the  estate  of  said  deceased, 
which,  by  a  final  decree  of  this  Court,  was  confirmed  on  the 
twelfth  day  of  June,  A.  D.  1857.  The  petitioner  further  repre- 
sents, that  there  are  errors  in  said  account  which  he  specifically 
sets  forth  as  follows,  viz.  (Set  out  errors  definitely.)  The 
petitioner  showing  that  he  is  interested  in  said  account,  prays 
the  Court  to  review  said  account,  and  grant  a  rehearing  of  so 
much  of  the  same  as  is  hereinbefore  alleged  to  be  error,  and 
give  such  relief  as  equity  and  justice  may  require. 

And  he  will,  &c. 

James  Gregg. 

Chester  county,  ss. 

James  Gregg  being  sworn  in  due  form  of  law,  says  that  the 
statements  and  the  specification  of  errors  in  the  foregoing 
petition  are  correct  and  true  as  he  verily  believes. 

Sworn  and  subscribed,  June  10, 1  James  Gregg. 

A.  D.  1858,  before  > 

John  Jones,  J.  P.      J 


238  DECEDENTS. 

143.  Refunding  Bond  for  Share  of  Personal  Estate. 

p.  302,  pi.  178.     24  February  1834,  P.  L.  81. 

Know  all  men  by  these  presents,  that  we,  James  Gregg,  one 
of  the  distributees,  &c.,  of  John  Gregg,  late  of  the  Township 
of  Penn  in  the  County  of  Chester,  deceased,  Charles  Gregg 
and  George  Boyd,  all  of  said  county,  are  held  and  firmly  bound 
unto  John  Rex,  Administrator,  &c.,  of  said  deceased,  in  the 
sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  John  Rex,  his  certain  attorney, 
executors,  administrators  and  assigns,  to  which  payment  well 
and  truly  to  be  made,  we  do  bind  ourselves  jointly  and  seve- 
rally, our  heirs,  executors  and  administrators  firmly  by  these 
presents.  Sealed  with  our  seals,  dated  the  first  day  of  May,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty : 

Whereas  the  said  James  Gregg,  upon  giving  security  as  is 
directed  by  the  Act  of  Assembly  in  such  case  made  and  pro- 
vided, is  entitled  to  receive  the  sum  of  five  hundred  dollars,  his 
share  in  the  distribution  of  the  residue  of  the  estate  of  the  said 
John  Gregg,  deceased,  appearing  to  be  in  the  hands  of  the  said 
John  Rex,  Administrator  aforesaid,  by  his  administration  ac- 
count confirmed  by  the  Orphans'  Court  of  said  county  on  the 
tenth  day  of  March  last,  and  the  said  John  Rex  has  paid  to  the 
said  James  Gre^o-  the  aforesaid  sum  of  five  hundred  dollars 
upon  his  giving  such  security  : 

Now  the  condition  of  this  obligation  is  such,  that  if  any  debt 
or  demand  shall  hereafter  be  recovered  against  the  estate  of  the 
said  John  Gregg,  deceased,  or  otherwise  be  duly  made  to  ap- 
pear, and  the  said  James  Gregg  shall  refund  a  rateable  part  of 
such  debt  or  demand,  and  of  the  costs  and  charges  attending 
the  recovery  of  the  same,  then  this  obligation  shall  be  void,  or 
else  shall  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the  ^        James  Gregg,        [l.  s.] 
presence  of  I       Charles  Gregg,  [l.  s.] 

William  Marshall,       f       George  Boyd.        [l.  s.] 
George  Fisher.  ^ 


DECEDENTS.  239 

144.  Bond  of  Tenant  for  Life  to  receive  Legacy. 

p.  303,  pi.  184,     24  February  1834,  P.  L.  82. 

Know  all  men  by  these  presents,  that  we,  James  Gregg, 
Charles  Gregg  and  George  Boyd,  all  of  the  County  of  Chester 
and  State  of  Pennsylvania,  are  held  and  firmly  bound  unto 
John  Rex,  Executor  of  the  last  will  and  testament  of  John 
Gregg,  late  of  the  Township  of  Penn  in  the  said  county,  de- 
ceased, in  the  sum  of  one  thousand  dollars,  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  John  Rex,  his  certain  at- 
torney, executors,  administrators  and  assigns,  to  which  pay- 
ment well  and  truly  to  be  made,  we  do  bind  ourselves  jointly 
and  severally,  our  heirs,  executors  and  administrators,  firmly  by 
these  presents ;  Sealed  with  our  seals,  dated  the  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty : 

Whereas  the  said  John  Gregg,  in  and  by  his  last  will  and 
testament,  dated  the  first  ^ay  of  May,  a.  d.  1850  and  duly 
proved  on  the  first  day  of  March,  A.  D.  1858,  did  give  and  be- 
queath to  the  said  James  Gregg  the  sum  of  five  hundred  dol- 
lars for  his  life  and  directed,  that  after  his  death  the  same 
should  be  paid  to  his  daughter  Sarah  Robb :  And  whereas  the 
said  James  Gregg  is  desirous  that  the  said  legacy  should  be  paid 
to  him: 

Now  the  condition  of  this  obligation  is  such,  that  if  at  and 
upon  the  death  of  the  said  James  Gregg,  the  said  sum  of  five 
hundred  dollars  shall  be  paid  to  the  said  Sarah  Robb,  then  this  obli- 
gation shall  be  void,  or  else  be  and  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in  the 


James  Gregg,       [l.  s.] 


presence  of  I       Charles  Gregg,  [l.  s.] 

William  Marshall,       [      George  Boyd,       [l.  s.] 


George  Fisher. 

[To  he  e7idorsed.) 
And  now,  March  1,  1860,  the  Court  adjudge  the  within  bond 
to  be  in  such  sum  and  form  as  shall  sufficiently  secure  the  in- 
terest of  Sarah  Robb  therein  named,  whenever  the  same  shall 
accrue  or  vest  in  possession  in  her. 


240  DECEDENTS. 


145.  Petition  for  Payment  of  Legacy  charged  on  Land. 

p.  304,  pi.  192.     24  February  1S34,  P.  L.  84. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents, 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  lately  died,  having  made  his  last  will  and  testament  in 
writing  duly  executed,  dated  the  tenth  day  of  May,  A.  D.  1858, 
and  proved  the  first  day  of  June  in  the  same  year,  whereby 
amongst  other  things,  he  gave,  devised  and  bequeathed  as  fol- 
lows, yiz. :  "  I  give  and  devise  to  my  son  Charles  Gregg,  the 
tract  of  land  whereon  I  now  reside,  containing  fifty  acres 
more  or  less,  to  hold  to  him  and  his  heirs  for  ever,  and  I  charge 
the  said  tract  of  land  with  the  payment  of  five  hundred  dol- 
lars in  one  year  after  my  decease,  to  my  son  James  Gregg,  to 
whom  I  give  and  bequeath  the  said  sum  of  five  hundred  dol- 
lars :"  and  of  his  said  will  appointed  John  Rex  the  Executor, 
who  duly  proved  the  same,  and  took  upon  himself  the  burden 
of  the  execution  thereof;  and  that  the  petitioner  is  the  same 
James  Gregg  in  said  devise  and  bequest  mentioned.  The  peti- 
tioner further  represents,  that  since  the  death  of  the  testator 
and  probate  of  said  will,  the  said  Charles  Gregg  has  accepted 
said  de\ase,  and  sold  and  conveyed  the  tract  of  land  devised  to 
him  as  aforesaid,  to  one  George  Boyd  ;  that  more  than  one  year 
has  elapsed  since  the  death  of  the  said  testator,  and  that  the 
said  sum  of  five  hundred  dollars,  charged  upon  the  said  tract 
of  land  and  bequeathed  to  the  petitioner,  is  still  unpaid : 

The  petitioner  therefore  prays  the  Court,  to  cause  due  notice 
to  be  given  to  the  said  John  Rex,  Executor  aforesaid, — to  the 
said  Charles  Gregg  the  above-named  devisee — to  the  said  George 
Boyd,  and  such  other  persons  interested  in  the  said  estate  (if 
any),  as  justice  may  require,  and  thereupon  proceed  according 
to  equity  to  make  such  decree  or  order  touching  the  payment 


DECEDENTS.  241 

of  the  aforesaid  legacy  out  of  the  said  tract  of  land,  as  may 
seem  requisite  and  just. 

And  he  will,  &c., 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


146.  Petition  of  Devisee  to  cliarge  Legacy  on  Part  of  Land. 

p.  304,  pi.  195.     23  February  1853,  P.  L.  98. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  John  Gregg  of  the  Township  of  Penn  in  said  county, 
died  on  or  about  the  first  day  of  March,  a.  d.  one  thousand 
eight  hundred  and  fifty-six,  having  made  his  last  will  and  testa- 
ment dated  the  tenth  day  of  January  in  the  same  year  and 
that  the  said  last  will  and  testament  was  duly  proven  and  let- 
ters testamentary  thereon  granted  to  John  Rex,  the  executor 
therein  named,  on  the  sixth  day  of  March  aforesaid :  That  by 
the  said  will  the  testator  amongst  other  things,  gave  and  be- 
queathed to  his  son  Charles  Gregg,  an  annuity  of  five  hun- 
dred dollars,  payable  on  the  first  day  of  April  in  every  year 
during  his  life,  and  at  the  death  of  the  said  Charles  Gregg, 
he  bequeathed  to  Sarah  Robb,  a  daughter  of  the  testator,  the 
sum  of  two  thousand  dollars,  and  charged  the  said  annuity  and 
legacies  on  all  his  residuary  real  estate,  which  real  estate  in  and 
by  said  will  he  devised  to  the  petitioner  in  fee :  That  said  real 
estate  consists  of  the  following  tracts  and  parcels  of  land 
(briefly  describing  them) ;  that  the  said  Charles  Gregg  is  about 
twenty-five  years  of  age,  in  good  health,  that  the  said  Sarah 
Robb  is  in  full  life,  and  that  said  Charles  Gregg  and  Sarah 
Robb  both  reside  in  the  said  County  of  Chester  ;  that,  by  reason 
of  the  premises,  the  payment,  discharge  and  satisfaction  of  said 
annuity  and  legacy,  may  be  postponed  and  not  take  place  until 
a  distant  period.  The  petitioner  further  represents  that  by  rea- 
son thereof,  all  the  said  residuary  real  estate  is  rendered  in 
16 


242  DECEDENTS. 

some  measure  inalienalile,  although  said  annuity  and  legacy 
might  be  amply  secured  by  setting  apart  a  portion  of  the  said 
real  estate,  and  he  is  desirous  that  the  remaining  residuary  real 
estate  after  setting  apart  such  portion  as  may  be  ample  se- 
curity for  the  payment  of  the  said  annuity  and  legacy,  may 
be  and  remain  discharged  and  exonerated  from  the  lien  and 
charge  of  the  same :  The  petitioner  therefore  showing  that 
more  than  one  year  has  elapsed  since  the  granting  of  the 
said  letters  testamentary,  prays  the  Court  to  order  a  citation  to 
issue  to  the  said  John  Rex,  Executor  aforesaid,  and  to  the  said 
Charles  Gregg  and  Sarah  Robb,  and  all  other  persons  interested, 
if  any,  to  appear  in  Court  on  a  day  certain,  and  show  cause 
why  the  relief  above  mentioned  should  not  be  granted,  and 
make  such  further  order  in  the  premises  as  is  required  by  the 
Act  of  Assembly  in  such  case  made  and  provided. 

And  he  will,  &c. 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


147.  Appointment  of  Auditor  on  Application  to  charge  Legacy 
on  Part  of  Land. 

P.  304,  pi.  195.     23  February  1853,  P.  L.  98. 

-,  _,  ,         ")  In  the  matter  of  the  application  of 

In  THE  Estate  OF  John  (       ^         ^         r     -,•    ^ 

r^  ^  ■,  y      James  (jrr egg  tor  discharge 01  lien 

Gregg,  deceased.  I         ^  . 

J       of  legacy. 

And  now,  March  10,  a.  d.  1860,  the  citation  in  the  above 
case  having  been  returned,  and  it  appearing  to  the  Court  that 
John  Rex,  Executor,  &c.,  of  the  said  John  Gregg,  deceased,  and 
Charles  Gregg  and  Sarah  Robb,  in  the  said  citation  mentioned, 
being  all  the  parties  interested  in  said  application,  have  had  due 
notice  of  the  same,  it  is  considered  by  the  Court  that  the  case 
be  referred  to  John  Smith,  Auditor,  who  is  directed  to  inquire 
into  the  circumstances  and  to  report  upon  the  amount  and  con- 
dition of  the  estate  of  the  said  John  Gregg,  deceased,  and  upon 
the  expediency  and  propriety  of  exempting  any  part  or  portion 
of  the  residuary  real  estate  of  said  deceased,  from  the  lien  and 


DECEDENTS.  243 

charge  of  the  annuity  and  legacy  mentioned  in  the  said  cita- 
tion, having  due  regard  to  the  absolute  and  ultimate  security 
of  the  same. 


148.  Decree  charging  Legacy  on  Part  of  Land. 

p.  304,  pi.  195.     23  February  1853,  P.  L.  98. 

T  _,  _        ^  In  the  matter  of  the  application  of 

In  the  Estate  of  John         ,  „  ^       \-    ^  n 

„  .  ,  >      James  Uregg  tor  a  discharge  oi 

Gregg,  deceased.  (      ,.        ,.  ,  o 

J       hen  01  legacy,  &c. 

And  now,  June  12,  a.  d.  1860,  the  report  of  John  Smith, 
Auditor  in  this  case,  being  made,  and  it  appearing  that  due 
notice  thereof  has  been  given  to  John  Rex,  Executor,  &c.,  of 
said  deceased,  and  to  Charles  Grregg  and  Sarah  Robb,  legatees 
under  the  will  of  said  deceased,  they  being  all  the  persons  in- 
terested in  the  case ;  and  it  further  appearing  to  the  Court  by 
said  report  that  all  the  debts  of  the  testator  have  been  paid  (or 
"paid  and  sufficiently  secured"  as  the  case  may  be),  that  the 
said  annuity  and  legacy  can  be  amply  secured  upon  the  follow- 
ing described  tract  of  land,  part  of  the  residuary  real  estate  of 
said  deceased,  viz.  (describing  land) :  and  that  it  is  expedient 
and  proper  that  the  remainder  of  said  real  estate  should  be  ex- 
empted from  the  lien  and  charge  of  said  annuity  and  legacy, 
due  regard  being  had  to  the  absolute  and  ultimate  security  of 
the  same,  the  Court  do  order  and  decree  that  the  above  men- 
tioned and  described  tract  of  land,  be  set  apart  as  security  for 
said  annuity  and  legacy,  and  the  Court  do  further  order  and 
decree,  that  all  the  remaining  residuary  real  estate  of  the  said 
John  Gregg,  deceased,  not  specifically  set  apart  as  aforesaid, 
shall  be  and  remain  discharged  and  exonerated  from  the  lien 
and  charge  of  said  annuity  and  legacy  in  the  hands  of  any  bond 
fide  purchaser  of  said  real  estate  for  a  valuable  consideration. 


244  DECEDENTS. 


149.  Petition  for  Discharge  of  Land  when  Legacy  is  Extin- 
guished. 

p.  305,  pi.  197.     23  February  1853,  P.  L.  99. 

To  the   Honorable,  the  Judges  of  the   Orphans'   Court  of 
Chester  County: 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  John  Gregg,  late  of  said  county,  died  on  or  about  the 
first  day  of  March,  A.  D.  one  thousand  eight  hundred  [and 
fifty-six,  having  made  his  last  •will  and  testament  dated  the 
tenth  day  of  January  in  the  same  year  and  duly  proved  on  the 
tenth  day  of  March  aforesaid :  That  by  the  said  will  the  tes- 
tator gave  to  his  son  Charles  Gregg,  and  to  his  daughter  Sarah 
Robb,  each  an  annuity  of  five  hundred  dollars,  payable  to  them 
on  the  first  day  of  April  in  each  year  during  their  respective 
lives,  and  charged  the  said  annuities  on  all  his  residuary  real 
estate,  which  by  the  same  will  he  devised  to  the  petitioner 
charged  as  aforesaid ;  that  of  said  will  he  appointed  John  Rex 
the  Executor,  who  took  upon  himself  the  burden  of  the  execu- 
tion thereof:  The  petitioner  further  represents,  that  such  pro- 
ceedings were  had  in  this  Court,  that  by  a  decree  and  order 
thereof  on  the  twelfth  day  of  June,  A.  D.  1859,  the  following 
described  tract  of  land,  viz. :  (describe  it,)  part  of  the  aforesaid 
real  estate,  was  set  apart  and  appropriated  as  security  for  the 
payment  of  the  said  annuities  and  the  remaining  residuary 
real  estate  discharged  and  exonerated  from  the  lien  and  charge 
of  said  annuities  in  the  manner  set  forth  in  said  decree :  The 
petitioner  further  represents  that  since  the  making  of  said  de- 
cree and  order,  viz. :  on  the  first  day  of  March  last  past,  the 
said  Charles  Gregg  has  died,  that  the  Avhole  amount  of  the 
said  annuity  up  to  the  time  of  his  death  has  been  fully  paid  by 
the  petitioner  and  that  the  charge  of  the  said  annuity  has 
therefore  become  extinguished  in  fact  and  law :  The  petitioner 
therefore  prays  the  Court  after  due  notice  and  inquiry  into 
the  facts,  to  make  an  order  and  decree  for  the  exoneration  and 
discharge  of  such  part  or  portion,  or  so  much  of  the  real  estate 
set  apart  and  appropriated  as  aforesaid,  as  may  appear  to  the 


DECEDENTS.  245 

Court  to  be  beyond  the  amount  requisite  and  proper  for  tbe 
purpose  of  providing  a  sufficient  continuing  security  for  the 
payment  of  the  remaining  annuity  to  the  said  Sarah  Robb.(a) 

And  he  will,  &c. 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


150.  Petition  to  pay  Legacy  into  Court, 

p.  305,  pi.  199.     1  May  1861,  P.  L.  420. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents, 

That  John  Gregg,  of  the  Township  of  Penn  in  said  county, 
died  on  or  about  the  first  day  of  March,  A.  D.  one  thousand  eight 
hundred  and  sixty,  having  made  his  last  will  and  testament,  dated 
the  tenth  day  of  January  in  the  same  year,  and  that  the  said 
last  will  and  testament  was  duly  proved  and  letters  testamentary 
thereon  granted  to  John  Rex,  the  executor  therein  named,  on 
the  eighth  day  of  March  aforesaid ;  that  by  the  said  will  the 
testator  amongst  other  things  gave  and  bequeathed  to  his  son 
Charles  Gregg  the  sum  of  two  thousand  dollars  ;  that  in  and 
by  said  will  the  testator  devised  to  the  petitioner  in  fee  certain 
real  estate  described  as  follows  (describe  briefly) ;  and  that  it 
is  claimed  by  the  said  Charles  Gregg  that  the  said  legacy  or 
sum  of  tAvo  thousand  dollars  is  charged  upon  the  real  estate  so 
devised  as  aforesaid  to  the  petitioner.  The  petitioner  therefore 
prays  the  Court  to  permit  him  to  pay  into  Court  the  said  sum 
of  two  thousand  dollars,  and  upon  the  payment  of  the  said  sum 
of  two  thousand  dollars  into  Court  as  aforesaid,  to  make  a 
decree  discharging  the  said  real  estate  of  the  petitioner  from 
the  lien  of  the  said  legacy  or  sum  of  two  thousand  dollars. 

And  he  will,  &c. 

James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

(a)   See  McCredifs  Appeal,  14  P.  F.  Smith  428. 


246  DECEDENTS. 

151.  Petition  of  Administrator,  cfc,  to  he  Discharged. 

p.  305,  pi.  201.     29  March  1832,  P.  L.  19i. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  John  Rex,  Administrator,  &c.,  of  John  Gregg, 
late  of  the  Township  of  Penn,  in  the  County  of  Chester,  deceased, 
Respectfully  represents. 

That  he  has  made  a  settlement  of  his  accounts  so  far  as  he 
has  administered  the  estate  committed  to  him,  and  the  same 
was  confirmed  by  this  Court  on  the  twelfth  day  of  June  last ; 
that  by  the  aforesaid  settlement,  it  appears  that  the  remainder 
of  the  property  of  the  said  estate  in  his  hands,  amounts  to  one 
thousand  dollars :  The  petitioner  therefore  prays  the  Court  to 
discharge  him  from  the  duties  of  his  appointment  as  adminis- 
trator aforesaid,  upon  his  surrendering  the  aforesaid  remainder 
of  said  property  in  his  hands,  to  such  person  as  the  Court  shall 
direct. 

And  he  will,  &c. 

JoHX  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


152.  Petition  for  Pxceutor,  ^c,  to  give  Security. 

p.  305,  pi.  202.     29  March  1832,  P.  L.  194. 

To  the   Honorable,  the  Judges   of  the  Orphans'  Court  of 
Chester  County  : 
The  petition  of  James  Gregg,  Respectfully  represents, 
That  John  Gregg,  of  the  Township  of  Penn  in  said  county, 
lately  died,  having  made  his  last  will  and  testament,  dated  the 
first  day  of  May,  a.  d.  one  thousand  eight  hundred  and  fifty, 
which  was  duly  proved  and  letters  testamentary  thereon  granted 
on  the  tenth  day  of  March  last,  to  John  Rex,  the  Executor 
named  therein,  Avho  took  upon  himself  the  burden  of  the  execu- 
tion thereof,  and  possessed  himself  of  all  the  goods,  chattels  and 
credits  belonging  to  the  testator,  amounting  to  the  sum  of  ten 


DECEDENTS.  247 

thousand  dollars,  as  by  an  inventory  of  the  same  filed  in  the 
Register's  Office  of  the  County  of  Chester,  on  the  first  day  of 
April  last,  will  appear ;  that  by  the  said  will  the  testator 
bequeathed  to  the  petitioner  the  residue  of  his  estate  after  the 
payment  of  debts  and  specific  legacies  ;  that  the  petitioner 
verily  believes  that  the  said  residue  will  amount  to  the  sum  of 
at  least  one  thousand  dollars,  upon  a  due  administration  of  said 
estate  ;  that  he  is  therefore  interested  in  the  same  :  The  peti- 
tioner further  represents  that  the  said  John  Rex  is  wasting  and 
mismanaging  said  estate  and  property  under  his  charge,  by  (set 
out  the  manner  of  wasting — or  any  other  cause  provided  by  the 
Act) :  The  petitioner  therefore  showing  that  the  case  requires 
despatch,  prays  the  Court  to  issue  a  citation  to  the  said  John 
Rex,  requiring  him  to  appear  on  a  day  certain  before  an 
Orphans'  Court  to  be  convened  for  the  purpose,  to  answer  this 
complaint  and  to  show  cause,  if  any  he  have,  why  he  should  not 
give  security  conditioned  for  the  performance  of  his  trusts,  and 
that  the  Court  will  grant  such  further  relief  as  may  be  autho- 
rized by  law. 

And  he  will,  &c. 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


153.  Petition  for  Attachment  against  Defaulting  Executor. 

Pp.  305,  306,  pi.  202,     29  March  1832,  P.  L.  194. 

To   the  Honorable,  the  Judges  of  the   Orphans'  Court  of 
Chester  County  : 

The  petition  of  James  Gregg,  Respectfully  represents. 
That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  lately  died,  having  made  his  last  will  and  testament, 
dated  the  first  day  of  May,  A.  D.  one  thousand  eight  hundred 
and  fifty,  which  was  duly  proved  and  letters  testamentary 
granted  thereon,  on  the  tenth  day  of  March  last,  to  John  Rex, 
the  executor  named  therein,  who  took  upon  himself  the  burden 
of  its  execution,  and  possessed  himself  of  all  the  goods,  chattels 


248  DECEDENTS. 

and  credits  of  the  testator,  amounting  to  the  sum  of  ten  thou- 
sand doHars,  as  bj  an  inventory  of  the  same  filed  in  the  Re- 
gister's Office  of  Chester  County,  on  the  first  day  of  April 
last,  M'ill  appear ;  that  by  the  said  will  the  testator  bequeathed 
to  the  petitioner  the  residue  of  his  estate  after  the  payment  of 
his  funeral  expenses,  debts  and  specific  legacies,  which  residue 
the  petitioner  verily  believes  will  amount  to  the  sum  of  at  least 
one  thousand  dollars  on  a  proper  administration  of  said  estate, 
and  he  is  therefore  interested  in  the  same.  The  petitioner  fur- 
ther represents,  that  the  said  John  Rex  is  wasting  and  misman- 
aging said  estate  and  property  under  his  charge  (set  out  the 
manner  of  wasting — or  any  other  cause  provided  by  the  Act), 
and  is  about  to  remove  from  this  Commonwealth  (or  as  the  case 
may  be).  The  petitioner  prays  the  Court  to  issue  a  writ  of  at- 
tachment to  take  the  said  John  Rex  and  have  him  before  this 
Court  on  a  day  certain,  to  answer  the  complaint  of  the  peti- 
tioner, and  show  cause,  if  any  he  have,  why  he  should  not  give 
security  for  the  performance  of  his  trusts,  and  that  the  Court 
will  grant  such  further  relief  as  may  be  authorized  by  law. 

And  he  will,  &c. 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


154.  Petition  of  Sureties  of  Administrator,  ^c,  for  Counter 

Security. 

p.  307,  pi.  209.     29  March  18.32,  P.  L.  197. 

To  the  Honorable,  the  Judges  of  the    Orphans'    Court    of 
Chester  County : 

The  petition  of  George  Boyd,  Respectfully  represents , 
That  John  Gregg,  late  of  said  county,  died  about  the  first 
day  of  iVIarch  last,  intestate,  and  that  administration  of  his 
goods,  chattels  and  credits,  was  on  the  fifth  day  of  the  same 
month  duly  granted  by  the  Register  of  said  county  to  John 
Rex,  and  that  the  petitioner  became  surety  in  the  sum  of  twenty 
thousand  dollars  in  the  administration  bond  of  the  said  John 
Rex,  with  condition  according  to  law ;  that  by  virtue  of  the  au- 


DECEDENTS.  249 

thority  conferred  upon  him  as  administrator  aforesaid,  the  said 
John  Rex  possessed  himself  of  the  said  goods,  chattels  and  cre- 
dits, amounting  in  value  to  the  sum  of  ten  thousand  dollars, 
as  by  an  inventory  of  the  same  filed  in  the  office  of  said  Ile- 
gister,  on  the  first  day  of  April  last,  will  appear : 

The  petitioner  further  represents,  that  the  said  John  Rex  is 
wasting  and  mismanaging  said  estate  and  property  under  his 
charge,  by  (state  the  manner  of  wasting — or  any  other  cause 
provided  by  the  Act).  The  petitioner  therefore  prays  the  Court 
to  issue  a  citation  to  the  said  John  Rex,  requiring  him  to  appear 
in  this  Court  on  a  day  certain,  to  answer  this  complaint,  and 
show  cause,  if  any  he  have,  why  he  should  not  be  ordered  to 
give  such  counter  securities  as  the  Court  shall  judge  neces- 
sary, to  indemnify  the  petitioner  against  loss  by  reason  of  his 
suretyship,  and  that  the  Court  will  grant  such  further  relief 
as  may  be  authorized  by  law. 

And  he  will,  &c. 

George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


155.   Order  to  Executor^  tf(?.,  to  give  Security. 

Pp.  305,  306,  pi.  202,  203.     29  March  1832,  P.  L.  194,  195.     P.  766  pi.  25.     29  March 

1832,  P.  L.  208. 

T  -ni  T         )  In  the  matter  of  the    citation  to 

In  the  Estate  of  John         ^  ,     _,       _  „ 

p,  ,  ,  >      John  Rex,  Executor,  &c.,  to  give 

'  J       security. 

And  now,  September  12,  1860,  due  proof  being  made  of  the 
service  of  the  citation  in  this  case,  and  the  said  John  Rex  not 
appearing  according  to  the  requisition  thereof,  the  Court  pro- 
ceeded to  hear  the  proof  of  the  facts  set  forth  in  the  complaint 
of  the  said  James  Gregg,  and  it  appearing  to  the  Court  that  the 
allegations  in  said  complaint  are  true  and  that  the  said  John 
Rex  is  wasting  and  mismanaging  the  estate  and  property  under 
his  charge  (or  as  the  case  may  be),  the  Court  do  require  the 
said  John  Rex,  Executor  aforesaid,  to  give  security,  on  or  before 
the  first  day  of  October  next,  by  entering  into  bond  to  the 


250  DECEDENTS. 

Commonwealth,  in  the  sum  of  twenty  thousand  dollars,  with 
two  sufficient  sureties  to  be  approved  by  the  Court,  conditioned 
for  the  performance  of  his  trust,  as  Executor  aforesaid.  Notice 
of  this  order  to  be  given  to  the  said  John  Rex,  ten  days  before 
the  said  first  day  of  October  next. 


156.   Order  vacating  Letters. 

p.  306,  pi.  203.     29  March  1832,  P.  L.  195. 

And  now,  October  1,  1860,  it  appearing  to  the  Court,  that 
due  notice  has  been  given  to  John  Rex,  Executor,  &c.,  of  John 
Gregg,  of  the  order  of  the  Court  of  September  12,  1860, 
requiring  him  to  give  security,  &c.,  on  this  day,  and  the  said 
John  Rex  having  neglected  and  refused  to  give  such  security, 
the  Court  order  and  decree,  that  the  letters  testamentary  on  the 
estate  of  the  said  John  Gregg,  heretofore  granted  to  him,  be 
and  the  same  are  hereby  vacated  ;  and  the  Court  further  award 
that  letters  of  administration  of  the  unadministered  goods  of 
the  said  John  Gregg,  deceased,  with  the  will  annexed,  be  granted 
by  the  Register  of  said  County  of  Chester,  to  George  Boyd,  he 
entering  into  bond  to  the  Commonwealth  in  the  sum  of  twenty 
thousand  dollars,  with  at  least  two  sufficient  sureties,  in  the 
form  and  condition  as  are  required  by  law.  And  the  Court 
further  orders  the  said  John  Rex,  upon  the  grant  of  administra- 
tion to  the  said  George  Boyd  as  above  directed,  to  deliver  and 
pay  all  and  every  the  goods,  chattels  and  estates  of  the  decedent 
in  his  hands,  to  the  said  George  Boyd. 


157.   Order  on  Administrator  to  deliver  Estate  to  Surety. 

P.  307,  pi.  209.     29  March  1832,  P.  L.  197. 

^  ^  ^        ")  In  the  matter  of  the   citation  to 

In  the  Estate  of  John  t  i      -d         *  i    •  •  ^    .       f 

^  ,  ,  V      John  Rex,  Administrator,  &c., 

Gregg,  deceased.  ,      . 

J       to  give  counter  security. 


DECEDENTS.  251 

And  now,  October  1,  18G0,  it  appearing  to  the  Court  that 
notice  has  been  given  to  John  Rex  of  the  order  of  the  Court,  of 
September  12,  1860,  requiring  him  to  give  counter  security, 
&c.,  on  this  day,  and  the  said  John  Rex  having  neglected  and 
refused  to  give  such  security,  the  Court  direct  the  said  John 
Rex  to  pay  and  deliver  over  forthwith  to  the  said  George  Boyd, 
all  goods,  chattels,  effects  and  securities  whatsoever,  for  which 
the  said  George  Boyd  may  be  accountable  as  surety  for  the  said 
John  Rex,  he  the  said  George  Boyd  first  entering  into  bond  to 
the  Commonwealth,  in  the  sum  of  twenty  thousand  dollars, 
with  James  Gregg  and  Enoch  Rex,  as  his  sureties, — with  whom 
the  Court  is  satisfied, — conditioned  that  he  will  faithfully  pre- 
serve and  account  for  said  goods,  chattels,  effects  and  securities, 
and  deliver  and  dispose  of  the  same  according  to  the  order  of 
the  said  Court. 


158.  Bond  of  Surety  on  Delivery  of  Estate. 

p.  307,  pi.  209.     29  March  1S32,  P.  L.  197. 

Know  all  men  by  these  presents,  that  we,  George  Boyd, 
James  Gregg  and  Enoch  Rex,  all  of  said  county,  are  held  and 
firmly  bound  unto  the  Commonwealth  of  Pennsylvania,  in  the 
sum  of  twenty  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Commonwealth,  her  certain  attor- 
ney or  assigns,  to  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves  jointly  and  severally,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents.  Sealed  with  our  seals, 
dated  the  first  day  of  October,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty  : 

Whereas  such  proceedings  were  had  in  the  Orphans'  Court  of 
Chester  County  in  relation  to  the  estate  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased,  that  John  Rex, 
Administrator,  &c.,  of  said  deceased,  was  by  said  Court  directed 
to  pay  and  deliver  to  the  said  George  Boyd,  all  goods,  chattels, 
effects  and   securities  whatsoever,  for  which   the   said   George 


252  DECEDENTS. 

Boyd  was  accountable  as  surety  in  the  administration  bond  of 
the  said  John  Rex,  Administrator  aforesaid,  upon  the  said 
George  Boyd  entering  into  bond  to  the  Commonwealth  in  the 
sum  of  twenty  thousand  dollars,  with  condition  hereinafter 
written : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
George  Boyd  shall  faithfully  preserve  and  account  for  the  afore- 
said goods,  chattels,  effects  and  securities,  and  deliver  and  dis- 
pose of  the  same  according  to  the  order  of  the  said  Court,  then 
this  obligation  shall  be  void,  or  else  shall  be  and  remain  in  full 
force  and  virtue. 


Sealed    and   delivered   in 
presence  of 

William  Marshall, 
George  Fisher. 


George  Boyd,  [l.  s.] 
James  Gregg,  [l.  s.] 
Enoch  Bex.        [l.  s.] 


159.  Petition  for  Security  from  an  Executrix  Marrying. 

p.  306,  pi.  205.     29  March  1S32,  P.  L.  195. 

To  The  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  Sarah  Robb  and  John  Robb,  minor  children 
of  Mary  Robb,  deceased,  by  their  next  friend,  James  Gregg, 
Respectfully  represents. 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  died  about  the  first  day  of  March,  a.  d.  one  thousand 
eight  hundred  and  fifty-eight,  having  made  his  last  will  and 
testament  dated  the  tenth  day  of  January  in  the  same  year,  of 
which  will  he  appointed  his  wife  Sarah  Gregg,  the  executrix, 
who  having  duly  proved  the  same  on  the  tenth  day  of  the  same 
month,  took  upon  herself  the  burden  of  its  execution  and  pos- 
sessed herself  of  the  personal  property  of  said  deceased  ;  that 
by  the  said  will  the  testator  bequeathed  to  the  said  petitioners 
the  sum  of  one  thousand  dollars  each,  payable  to  them  when 
they  should  respectively  attain  the  age  of  twenty-one  years ; 
that  the  said  Sarah  Gregg  has  recently  married  one  John  Rex, 


DECEDENTS.  253 

"without  securing  the  aforesaid  portions  of  said  minors :  They 
therefore  pray  the  Court  to  issue  a  citation  to  the  said  John 
Rex  and  Sarah  Rex — late  Gregg — his  wife,  to  appear  on  a  day 
certain,  before  this  Court,  to  answer  the  complaint  of  the  peti- 
tioners and  show  cause,  if  any  they  have,  why  the  said  John 
Rex  should  not  be  required  to  give  security  conditioned  for  the 
faithful  performance  of  the  trusts  under  said  will,  and  that  the 
Court  will  grant  such  further  relief  as  may  be  authorized  by 
law. 

And  they  will,  &c. 

Sarah  Robb, 
John  Robb, 
By  their  next  friend, 
James  Gregg. 

(Affidavit  by  James  Gregg  of  truth  of  petition  to  be  appended.) 


160.  Petition  to  Vacate  Letters  where  Executor  is  Lunatic,  ^c. 

p.  306,  pi.  207.     29  March  1832,  P.  L.  196. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents. 

That  John  Gregg,  late  of  the  Township  of  Penn,  died  about 
the  first  day  of  April  last,  having  made  his  last  will  and  testa- 
ment, which  will  was  duly  proved  on  the  tenth  day  of  the  same 
month,  and  letters  testamentary  thereon  were  duly  granted  to 
John  Rex,  the  Executor  named  therein  ;  that  since  the  granting 
of  the  said  letters,  to  wit  on  the  first  day  of  September  instant, 
by  proceedings  duly  had  in  the  Court  of  Common  Pleas  of  said 
county,  the  said  John  Rex  was  duly  declared  to  be  a  lunatic, 
and  George  Boyd  appointed  Committee  of  his  person  and  estate, 
as  by  an  exemplification  of  the  proceedings  hereto  annexed  will 
appear : 

The  petitioner  therefore  prays  the  Court  to  vacate  the  letters 
testamentary  granted  to  the  said  John  Rex,  and  award  new 


254  DECEDENTS. 

letters,  according  to  tlie  Act  of  Assembly  in  sucli  case  made 
and  provided. 

And  he  will,  &c. 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


161.  Application  to  dismiss  Executor,  Administrator,  or 
Guardian. 

p.  307,  pi.  211.     1  May  1S61,  P.  L.  680. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  (or  as 
the  case  may  be)  of  Chester  County : 

The  petition  of  John  Robb,  respectfully  represents, 
That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  died  about  the  first  day  of  January,  a.  d.  1850,  having 
made  his  last  will  and  testament,  dated  the  tenth  day  of  June, 
A.  D.  18-49,  which  was  duly  proved  the  twelfth  day  of  January 
aforesaid  ;  that  letters  testamentary  were  duly  granted  to  James 
Gregg,  the  Executor  named  therein,  who  took  upon  himself  the 
burden  of  the  execution  thereof,  and  filed  in  the  Register's  Office 
of  said  county  an  inventory  of  the  goods,  chattels  and  credits  of 
the  decedent,  amounting  to  the  sum  of  ten  thousand  dollars, 
and  possessed  himself  of  the  same ;  that  the  said  James  Gregg 
is  wasting  and  mismanaging  the  property  and  estate  under  his 
charge  (state  briefly  the  circumstances  constituting  mismanage- 
ment, &c.,  or  inserting  the  other  circumstances  mentioned  in 
the  act  as  the  case  may  be),  and  by  reason  thereof  the  interests 
of  the  estate  and  property  are  likely  to  be  jeopardized  by  the 
continuance  of  said  James  Gregg  as  Executor ;  The  petitioner 
further  showing  that  he  is  one  of  the  residuary  legatees  under 
said  will  and  a  person  interested,  prays  the  Court  to  issue  a 
citation  to  said  James  Gregg  to  appear  on  a  day  to  be  named 
by  the  Court  to  answer  said  charge  and  to  make  such  necessary 
rules  and  orders  for  bringing  said  matter  to  a  hearing  as  the 
Court  may  deem  right,  and  if  upon  the  hearing,  the  Court 
shall  be  satisfied  of  the  truth  of  the  matters  herein  charged, 


DECEDENTS.  255 

that  they  will  vacate  the  letters  testamentary  granted  as  afore- 
said, and  remove  the  said  James  Gregg  and  award  new  letters 
to  be  granted  by  the  Register  of  Wills. 

And  he  will  pray,  &c. 

October  1,  1850.  John  Robb. 

(Affidavit  of  the  truth  of  petition  to  be  appended.) 


162.  Petition  to  discharge  Administrator,  ^c,  on  account  of 
Sickness,  ^e. 

Pp.  307,  308,  pi.  211,  212.     1  May  1861,  P.  L.  681. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County: 

The  petition  of  John  Robb,  Respectfully  represents. 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  deceased,  died  about  the  first  clay  of  January,  a.  d.  1850, 
having  made  his  last  will  and  testament,  which  was  duly  proved 
the  twelfth  day  of  January  aforesaid ;  that  letters  testamentary 
were  duly  granted  to  James  Gregg,  the  Executor  named 
therein,  who  took  upon  himself  the  burden  of  the  execution 
thereof;  that  the  said  James  Gregg  has  become  incompetent  to 
discharge  the  duties  of  his  trust  by  reason  of  sickness  (state 
the  character  of  sickness — or  as  the  case  may  be).  The  peti- 
tioner further  showing  to  the  Court  that  he  is  a  residuary 
legatee  under  the  said  will  and  a  person  interested,  prays  the 
Court,  upon  being  satisfied  that  said  incompetency  is  likely  to 
continue  to  the  injury  of  the  estate  under  the  control  of  the 
said  James  Gregg,  Executor  aforesaid,  to  make  a  decree  vacat- 
ing the  letters  testamentary,  granted  as  aforesaid  to  the  said 
James  Gregg,  and  remove  the  said  James  Gregg  and  award 
new  letters  to  be  granted  by  the  Register  of  Wills,  &c. 

And  he  will,  &c. 

October  1,  1850.  John  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


256  DECEDENTS. 

163.  Decree  in  case  of  Executor  or  Administrator. 

In  the  Estate  of  John  )  In  tlie  Orphans'  Court  of  Chester 
Gregg,  deceased.  j       County.   Of  October  Term  1850. 

In  the  matter  of  the  application  for  the  removal,  &;c.,  of 
James  Gregg,  Executor,  &c.,  of  said  deceased. 

And  now,  March  10,  1851,  on  the  hearing  of  the  matters 
complained  of  in  said  application,  the  Court  being  satisfied  of 
the  truth  of  the  matters  charged,  do  order  and  decree  the  letters 
testamentary  heretofore  granted  to  the  said  James  Gregg  as 
therein  set  forth  be  vacated,  and  that  said  James  Gregg  be 
removed  from  his  trust  as  Executor,  and  the  Court  award  that 
letters  of  administration  with  the  will  annexed  be  granted  by 
the  Register  to  George  Rex  in  due  form  of  law. 


164.  Decree  in  case  of  Guardian,  <|-c.,  to  he  appointed  ly  the 

Court. 

P.  306,  pi.  202.     24  March  1832,  P.  L.  194.    P.  307,  pi.  211.    1  May  1861,  P.  L.  680. 

In  the  Estate  of  Samuel  Gregg,  '\  In  the  Orphans'   Court 

a  minor  child  of  John  Gregg,  de-  V      of  Chester  County. 

ceased  (or  as  the  case  may  be).       J  Of  October  Term,  1850. 

In  the  matter  of  the  application  for  the  removal  of  James 
Gregg,  Guardian,  &c.,  of  said  minor. 

And  now,  March  10,  1851,  on  the  hearing  of  the  matter 
complained  of  in  said  application,  the  Court  being  satisfied  of 
the  truth  of  the  matters  charged,  do  order  and  decree  that  the 
appointment  of  the  said  James  Gregg  as  aforesaid  be  vacated, 
and  that  he  be  removed  from  his  trust  as  guardian  aforesaid, 
and  that  George  Rex  be  appointed  guardian  of  the  person  and 
estate  of  the  said  Samuel  Gregg,  he,  the  said  George  Rex, 
entering  into  bond  to  the  Commonwealth  in  the  sum  of  twenty 
thousand  dollars,  with  Seth  Rea  and  James  "Wills  as  his  sureties, 
— who  are  approved  by  the  Court, — conditioned  for  the  per- 


DECEDENTS.  257 

formance  of  his  trust  as  guardian  aforesaid.  And  the  Court  do 
further  order  and  decree,  that  the  said  James  Gregg  do  deliver 
over  and  pay  to  the  said  George  Rex  all  and  every  the  goods, 
chattels  and  property,  money,  estate  and  efifects  of  the  said 
John  Gregg,  in  their  hands. 


165.  Petition  for  Discharge  of  Executor  removing  from  State. 

P.  307,  pi.  208.    29  March  1832,  P.  L.  197. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents. 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  died  intestate  about  the  first  day  of  March,  a.  d.  one 
thousand  eight  hundred  and  fifty-eight,  and  that  administration 
of  his  goods,  chattels  and  credits  was  granted  by  the  Register 
of  Wills  of  said  county  to  John  Rex,  who  filed  an  inventory  of 
said  personal  estate,  amounting  to  ten  thousand  dollars  and 
possessed  himself  of  the  same  :  The  petitioner  further  represents 
that  the  said  John  Rex  has  removed  from  this  State,  and  has 
ceased  to  have  any  known  place  of  residence  therein  during  the 
period  of  more  than  one  year  last  past :  The  petitioner  showing 
to  the  Court  that  he  is  a  son  and  one  of  the  next  of  kin  of  the 
said  John  Gregg,  and  therefore  interested  in  the  estate  of  said 
deceased,  prays  the  Court  to  make  a  decree  vacating  the  letters 
of  administration  heretofore  granted  to  the  said  John  Rex  as 
aforesaid,  and  such  further  order  and  decree  as  is  directed  by 
the  Act  of  Assembly  in  such  case  made  and  provided. 

And  he  will,  &c. 

James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

17 


258  DECEDENTS. 

166.  Petition  to   discharge   Deceased  Administrator's  Estate 
and  his  Sureties  from  Liability. 

p.  307,  pi.  210.     2  February  1853,  P.  L.  31. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Samuel  Rex,  Respectfully  represents, 

That  on  the  first  day  of  March,  A.  D.  one  thousand  eight 
hundred  and  sixty,  administration  of  the  goods,  chattels  and 
credits  which  were  of  John  Gregg,  late  of  the  Township  of  Penn 
in  said  county,  deceased,  was  duly  granted  by  the  Register  of 
said  county  to  Sarah  Gregg  and  John  Rex,  who  gave  bond  to 
the  Commonwealth  in  the  sum  of  ten  thousand  dollars,  with 
Enoch  Rex  and  George  Boyd  as  their  sureties,  with  condition 
according  to  law :  The  petitioner  further  represents  that  since 
the  granting  of  said  letters  and  entering  into  bond  as  aforesaid, 
to  wit,  on  or  about  the  tenth  day  of  June  last,  the  said  John 
EjCX  has  died,  and  administration  of  his  estate  has  been  granted 
to  the  petitioner,  who  is  one  of  his  children  and  next  of  kin, 
and  a  party  interested  in  his  estate :  The  petitioner  therefore 
prays  the  Court  to  discharge  the  estate  of  the  said  John  Rex, 
deceased,  and  the  said  Enoch  Rex  and  George  Boyd,  his  afore- 
said sureties,  from  further  liabilities  on  account  of  their  surety- 
ship for  him  as  aforesaid,  and  make  such  further  order  as  is 
directed  by  the  Act  of  Assembly  in  such  case  made  and 
provided. 

And  he  will,  &c. 

Samuel  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


167.  Petition  for  Citation. 

p.  766,  pi.  18.     29  March  1832,  P.  L.  208. 

In  the  Estate   of   John  "I  In   the   Orphans'    Court  of  the 
Gregg,  deceased.  /      County  of  Chester. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 

Chester  County : 


DECEDENTS.  259 

The  petition  of  James  Gregg,  Respectfully  represents : 
That  John  Gregg,  late  of  the  Township  of  Penn  in  said  county, 
died  intestate  on  or  about  the  first  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  and 
that  administration  of  his  goods,  chattels  and  credits  were  duly 
granted  to  Sarah  Gregg  and  James  Robb  by  the  Register  of  Wills 
of  said  county,  they  having  entered  into  bond  to  the  Common- 
wealth with  Seth  John  and  Abel  Lea  as  their  sureties, (a)  con- 
ditioned according  to  law  and  filed  in  the  office  of  said  Register 
an  inventory  of  said  goods,  chattels  and  credits  amounting  to 
one  thousand  dollars ;  that  more  than  one  year  has  elapsed  since 
the  grant  of  administration  aforesaid  and  the  said  Sarah  Gregg 
and  James  Robb  have  not  exhibited  any  account  and  settlement 
of  said  goods,  chattels  and  credits  into  the  said  Register's  Office  : 
The  petitioner  therefore  showing  that  he  is  a  son  and  one  of  the 
next  of  kin  of  said  John  Gregg  and  interested  in  his  estate, 
prays  the  Court  to  award  a  citation  against  the  said  Sarah 
Gregg  and  James  Robb,  commanding  them  to  exhibit  such 
account  and  settlement  as  aforesaid,  or  show  cause,  &c.,  and  to 
grant  such  other  relief  as  may  be  equitable. 

And  he  will,  &c., 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


168.   Citation. 

p.  766,  pi.  18.     29  March  1832,  P.  L.  208. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  Sarah  Gregg 
[Seal.]  and  John  Robb,  Administrators  of  the  goods,  chat- 

tels and  credits  which  were  of  John  Gregg,  late 
of  the  Township  of  Penn  in  said  county,  deceased : 
Greeting : — Whereas  it  has  been  represented  to  us  before  our 
Justices  of  the  Orphans'  Court  of  Chester  County,  by  the  peti- 

(a)  The  sureties  should  be  named  in  petition  and  citation,  that  service  may 
be  made  on  them  in  case  it  cannot  be  made  on  Administrator. 


260  DECEDENTS. 

tion  of  James  Gregg,  that  the  said  Jolin  Gregg  died  intestate 
on  or  about  the  first  day  of  March,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  fifty-nine,  and  that  the  ad- 
ministration of  his  goods,  chattels  and  credits,  was  by  the  Reg- 
ister of  said  Court  duly  committed  to  you,  the  said  Sarah  Gregg 
and  John  Robb,  you  having  given  bond  to  the  Commonwealth,  -with 
Seth  Jones  and  Abel  Lea  as  your  sureties,  conditioned  accord- 
ing to  law  and  that  you  have  filed  in  the  ofiice  of  the  said 
Register,  an  inventory  thereof,  amounting  to  the  sum  of  one 
thousand  dollars,  but  have  not  exhibited  into  said  office  any  ac- 
count or  settlement  of  said  goods,  chattels  and  credits,  although 
more  than  one  year  has  elapsed  since  the  grant  of  administra- 
tion aforesaid  ;  and  the  said  James  Gregg  further  showing  to  us 
that  he  is  a  son  and  one  of  the  next  of  kin  of  said  deceased,  and 
interested  in  his  estate,  has  besought  us  to  provide  a  remedy  for 
him  in  this  behalf : 

These  are  therefore  to  command  you,  the  said  Sarah  Gregg 
and  James  Robb,  Administrators  aforesaid,  to  exhibit  into  the 
Register's  Office  aforesaid,  a  just  account  and  settlement  of  said 
goods  and  chattels  on  or  before  the  return  of  this  citation,  on 
the  last  Monday  in  July  next,  or  show  cause  at  said  day  to  our 
Judges,  why  you  have  not  so  done.  Witness  the  Honorable 
Townsend  Haines,  President  of  Court,  the  tenth  day  of  June,  in 
the  year  of  our  Lord   one  thousand  eight  hundred  and  sixty. 

George  Fisher,  Clerk. 


169.  Proof  of  Service  of  Citation. 

P.  766,  pi.  19,  20,  22.     29  March  1832,  P.  L.  203. 

Chester  county,  ss. 

-  James  Wills,  being  sworn  in  due  form  of  law,  says,  that  he 
served  the  within  citation  on  the  said  Sarah  Gregg  therein 
named,  on  the  twentieth  day  of  June  last,  by  giving  her  a  copy 
thereof  personally,  and  on  the  said  James  Robb  therein  named, 


DECEDENTS.  261 

on  the  same  day,  by  leaving  a  copy  thereof  with  a  member  of 
his  family  at  his  last  place  of  abode. 

Sworn  and  subscribed,  July  1,  ^  James  Wills. 

A.  D.  1860,  before  V 

John  Graves,  J.  P.       I 


170.  Proof  of  Service  of  Citation  on  Sureties. 

p.  766,  pi.  19,  21,  22.     29  March  1832,  P.  L.  208. 

Chester  county,  ss. 

James  Wills,  being  duly  sworn,  says  that  Sarah  Gregg  and 
James  Robb,  respondents  named  in  the  within  citation,  could 
not  be  found  and  have  no  known  dwelling  place  in  said  county : 
and  that  he  served  said  citation  on  Seth  Jones  therein  named, 
on  the  twentieth  day  of  June  last  by  giving  him  a  copy  person- 
ally, and  on  Abel  Lea  therein  named,  on  the  same  day,  by 
leaving  a  copy  thereof  with  a  member  of  his  family  at  his  last 
place  of  abode. 

Sworn  and  subscribed  in  open  ^  James  Wills. 

Court,  July  3,  1860.  I 

George  Fisher,  Clerk.      J 


171.  Return  of  Citation  not  Served. 

p.  766,  pi.  23.    29  March  1832,  P.  L.  208. 

Chester  county,  ss. 

James  Wills,  being  duly  sworn,  says,  that  Sarah  Gregg  and 
James  Robb  within  named,  cannot  be  found,  and  have  no  known 
dwelling  place  within  this  Commonwealth,  their  supposed  place 
of  residence  being  Baltimore,  in  the  State  of  Maryland  (or,  the 
deponent  having  no  knowledge  or  information  of  their  place  of 
residence),  and  that  there  is  no  surety  of  said  Sarah  and  James 


262  DECEDENTS. 

on  whom  service  can  be  made  as  directed  by  the  Act  of  Assembly 
in  such  case  made  and  provided. 

Sworn  and  subscribed  in  open  ^  James  WiLLS. 

Court,  July  30,  1860.  I 

George  Fisher,  Clerk.      J 


In  the  Estate  of  John 
Gregg,  deceased. 


172.  Decree  awarding  Second  Citation. 

p.  766,  pi.  23,  24.     29  March  1832,  P.  L.  208. 

In  the   Orphans'  Court  of  Chester 

County. 
In  the  matter  of  the  citation  to  Sarah 
Gregg  and  James  Robb,  Execu- 
tors, &c.,  of  John  Gregg,  dceeased, 
to  settle  an  account,  &;c. 
And  now,  August  1,  1860,  on  the  return  of  the  citation  in 
this  case,  it  appearing  to  the  Court,  upon  the  oath  of  the  com- 
plainant James  Wills,  that  the  respondents  Sarah  Gregg  and 
James  Robb  cannot  be  found,  and  have  no  known  dwelling  place 
within  this  Commonwealth,  and  that  there  is  no  surety  of  the 
said  respondents  on  whom  service  of  said  citation  can  be  made 
according  to  the  Act  of  Assembly  in  such  case  made  and  pro- 
vided :  The  Court  award  another  citation  commanding  the  said 
Sarah  Gregg  and  James  Robb,  as  in  the  original  citation  they 
were  commanded,  and  returnable  on  the  last  Monday  in  October 
next ;  and  the  Court  do  further  order  that  the  citation  now 
awarded  be  published  once  a  week  for  four  successive  weeks 
before  the  return  thereof,  in  the  "Star,"  a  newspaper  pub- 
lished in  the  County  of  Chester,  and  in  the  "Press,"  a  news- 
paper published  in  the  City  of  Philadelphia. 


173.  Proof  of  Publication  of  Citation. 

P.  766,  pi.  22,  24.     29  March  1832,  P.  L.  203. 

Chester  county,  S8. 
Eli  Fox,  being  duly  sworn,  says,  that  the  within  citation  has 


DECEDENTS.  263 

been  publislied  once  a  week  for  four  successive  weeks,  before 
the  return  thereof,  in  the  "  Star,"  a  newspaper  published  in  the 
County  of  Chester,  and  in  the  "Press,"  a  newspaper  published 
in  the  City  of  Philadelphia,  viz. :  in  the  "  Star"  on  the  third, 
tenth,  seventeenth  and  twenty-fourth  days  of  August  last,  and 
in  the  "Press"  on  the  fourth,  eleventh,  eighteenth  and  twenty- 
fifth  days  of  the  same  month. 

Sworn  and  subscribed,  Septem-  "|  Eli  Fox. 

ber  11,  1860,  in  open  Court.  > 
George  Fisher,  Clerk.      J 


174.  Reference  to  Auditor,  ^c. 

p.  766,  pi.  25,  26.     29  March  1832,  P.  L.  209. 


In  the  Estate  of  John 
Gregg,  deceased. 


In  the  Orphans'  Court  of  Chester 

County. 
In  the  matter  of  the  citation  to 
Sarah  Gregg  and  James  Robb, 
Administrators  of  John  Gregg, 
deceased,  to  settle  an  account. 
And  now,  October  31,  1860,  the  said  Sarah  Gregg  and 
James  Robb  not  appearing  according  to  the  requisitions  of  said 
citation,  and  due  proof  being  made  that  the  said  Sarah  and 
James  cannot  be  found  and  have  no  known  dwelling  place  in 
this  Commonwealth ;  that  there  is  no  surety  of  the  said  Sarah 
and  James,  on  whom  service  can  be  made  according  to  law  and 
that  publication  of  said  citation  has  been  made  according  to  the 
order  of  the  Court :  The  Court  do  proceed  to  make  such  de- 
cree in  respect  to  the  subject-matter  of  said  citation  as  is  just 
and  necessary,  and  therefore  do  order  that  the  petition  of  James 
Wills,  the  complainant,  be  taken  as  confessed,  and  direct  a 
reference  to  David  Bond,  Esquire,  as  Auditor,  to  take  proof  of 
the  facts  and  circumstances  set  forth  in  the  said  petition  and  to 
report  them,  and  to  report  an  account  against  the  defendants 
if  necessary  (or  as  the  decree  may  be),  and  the  Court  direct  that 
notice  of  the  hearing  before  the  Auditor  be  given  by  publica- 


264  DECEDENTS. 

tion  once  a  week,  for  four  successive  weeks,  before  said  hear- 
ing, in  the  "  Star,"  a  newspaper  published  in  the  County  of 
Chester,  and  in  the  "Press,"  a  newspaper  published  in  the  City 
of  Philadelphia. 

(Or  as  the  order  may  be.) 


175,  Report  of  Auditor  on  Citation,  ^e. 

p.  766,  pi.  27.     29  March  1832,  P.  L.  209. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
the  County  of  Chester  : 

The  undersigned,  appointed  by  the  annexed  order,  Auditor, 
for  the  purposes  therein  mentioned,  reports  that  having  given 
notice  of  the  time  and  place  where  he  would  hear  the  parties, 
by  publication  once  a  week  for  four  successive  weeks,  in  the 
"Star"  and  the  "Press"  within-named,  to  wit,  in  the  "Star" 
on  the  third,  tenth,  seventeenth  and  twenty-fourth  days  of 
November  last,  and  in  the  "  Press"  on  the  fifth,  twelfth,  nine- 
teenth and  twenty-sixth  days  of  the  same  month  (a  copy  of  said 
notice  being  hereto  annexed),  he  sat  at  his  office  in  the  borough 
of  West  Chester,  on  the  fifth  day  of  December  instant,  and 
having  been  duly  sworn  to  perform  the  duties  of  his  appoint- 
ment with  fidelity,  the  complainant  with  his  counsel,  William 
Marshall,  Esquire,  being  present,  and  the  defendants  not  ap- 
pearing (or  as  the  case  may  be),  he  proceeded  to  take  proof  of 
the  facts  and  circumstances  set  forth  in  the  petition  of  the  com- 
plainant and  finds  as  follows,  viz.  (set  out  the  finding).  The 
Auditor  therefore  being  of  opinion  that  it  is  necessary,  reports 
the  account  hereto  annexed  against  the  defendants,  by  which  it 
appears  that  there  is  a  balance  of  five  hundred  dollars  in  the 
hands  of  the  defendants,  which  sum  he  reports  to  be  due  to 
the  estate  of  the  said  John  Gregg,  by  the  defendants. 

All  which  is  respectfully  submitted. 

David  Bond, 

December  10,  1860.  Auditor. 

(Annex  account.) 


In  the  Estate  op  John 
Gregg,  deceased. 


DECEDENTS.  265 


176.  Confirmation  of  Auditor  s  Report  and  Decree,  ^c. 

p.  766,  pi.  27.     29  March  1832,  P.  L.  209. 

In  the  Orphans'    Court  of  Chester 

County. 
In  the  matter  of  the  citation  to 
Sarah  Gregg  and  James  Robb, 
Administrators  of  John  Gregg, 
deceased,  to  settle  an  account. 
And  now,  December  16,  1860 :  The  report  of  David  Bond 
Esquire,  Auditor  to  take  proof  of  the  facts  and  circumstances 
set  forth  in  the  complainant's  petition,  &c.,  having  been  read, 
it  is  ordered  that  the  same  be  confirmed,  and  it  is  decreed  by  the 
Court  that  there  is  in  the  hands  of  the  said  Sarah  Gregg  and 
James  Robb,  the  sum  of  five  hundred  dollars  due  the  estate  of 
the  said  John  Gregg,  and  that  the  said  Sarah  Gregg  and  James 
Robb  do  pay  the  costs  of  this  proceeding. 


177.  Decree  on  Report  of  Distribution. 

p.  766,  pi.  27.     29  March  1832,  P.  L.  209. 

^  -.        1  In  the  Orphans'  Court  of  Chester 

In  the  Estate  of  John  (      p      x 

Gregg,  deceased.         f  tt  ,.    c  -i-  l  -y    ^^ 

J  Upon  report  oi  distribution. 

And  now,  January  1,  1861 :  The  report  of  David  Bond,  Es- 
quire, Auditor  to  make  distribution  of  the  balance  in  the  hands 
of  Sarah  Gregg  and  James  Robb,  Administrators,  &c.,  of  John 
Gregg,  deceased,  to  and  amongst  the  parties  entitled  thereto, 
having  been  read,  it  is  ordered  and  decreed  by  the  Court,  that 
the  same  be  confirmed,  and  it  is  further  ordered  that  the  said 
Administrators  pay  the  amount  in  their  hands  to  the  persons 
entitled  thereto  according  to  the  report  of  the  Auditor. 


266  DECEDENTS. 


178.  Petition  for  Execution  in  Orphans'  Court. 

.p.  766,  pi.  28.     29  March  1832,  P.  L.  209. 

T  Ti  T        1  I"^  tlie   Orphans'  Court  of  Chester 

In  the  Estate  of  John  (      p 

Gregg,  deceased.  |  ^t        ,  ,.  ,.     .,     . 

)  Upon  decree  ot  distribution. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Ches- 
ter County : 

The  petition  of  James  Gregg,  Respectfully  represents. 

That  David  Bond,  Esquire,  Auditor  to  make  distribution  of  the 
balance  in  the  hands  of  Sarah  Gregg  and  James  Robb,  Admin- 
istrators of  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  deceased,  reported  amongst  other  things,  that  the  pe- 
titioner was  entitled  to  the  sum  of  two  hundred  dollars,  part 
of  said  balance,  which  report  was  confirmed  by  this  Court  on 
the  first  day  of  January  instant,  and  the  said  Sarah  Gregg 
and  James  Robb  were  then  ordered  to  pay  the  amount  in  their 
hands  as  administrators  aforesaid  to  the  persons  entitled  thereto, 
according  to  the  said  report.  The  petitioner  further  represent- 
ing to  the  Court  that  the  said  Sarah  Gregg  and  James  Robb 
have  not  paid  him  the  said  sum  of  two  hundred  dollars,  accord- 
ing to  said  report  and  order,  prays  the  Court  allow  him  a  writ 
of  execution,  in  the  nature  of  a  writ  of  Fieri  Facias,  against 
the  said  Sarah  Gregg  and  James  Robb,  for  said  sum  of  two 
hundred  dollars. 

And  he  will,  &c. 

James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


179.  Fieri  Facias  in  Orphans'  Court. 

p.  766.  pi.  28.     29  March  1832,  P.  L.  209. 

Chester  County,  ss. 

pq    1  -J     The  Commonwealth  of  Pennsylvania,  to  the  Sheriff 

of  the  County  of  Chester ;  Greeting  : 
We  command  you,  that  of  the  goods  and  chattels.,  lands  and 


DECEDENTS.  267 

tenements  of  Sarah  Gregg  and  James  Robb,  late  of  your  county, 
in  your  bailiwick,  you  cause  to  be  levied  a  certain  debt  of  two 
hundred  dollars,  lawful  money  of  the  United  States,  which,  by 
our  Orphans'  Court  before  our  Judges  at  West  Chester,  was 
decreed  to  be  due  from  the  said  Sarah  Gregg  and  James  Robb 
to  the  said  James  Gregg  and  ordered  to  be  paid  to  him  as  by 
the  record  of  said  Court  in  that  behalf  appears  :  And  have  you 
that  money  before  our  said  Judges  at  West  Chester  at  our 
Orphans'  Court — there  to  be  held  on  the  last  Monday  in  July, 
instant,  to  render  unto  the  said  James  Gregg  for  his  debt  afore- 
said ;  and  have  you  then  and  there  this  writ. 

Witness  the  Honorable  Townsend  Haines,  Esquire,  President 
of  our  said  Court  at  West  Chester,  the  tenth  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
one. 

James  Davis, 

Prothonotary. 


180.  Petition  for  Attachment  or  Sequestration. 

p.  766,  pi.  28.     29  March  1832,  P.  L.  209. 

T  -n  T         )  In  the  Orphans'  Court  of  Chester 

In  the  Estate  of  John  I  '■ 

/-I  J  J  /       County. 

Gregg,  deceased.  I  "^         „,..,. 

J  Upon  decree  oi  distribution. 

To  the  Honorable,   the   Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents. 
That  David  Bond,  Esquire,  Auditor  to  make  distribution  of 
the  balance  in  the  hands  of  Sarah  Gregg  and  James  Robb, 
Administrators,  &c.,  of  John  Gregg,  late  of  the  Township  of 
Penn  in  said  County  of  Chester,  deceased,  reported  amongst 
other  things  that  the  petitioner  was  entitled  to  the  sum  of  two 
hundred  dollars,  part  of  said  balance,  which  report  was  confirmed 
by  this  Court  on  the  first  day  of  January,  instant,  and  the  said 
Sarah  Gregg  and  James  Robb  Avere  ordered  to  pay  the  amount 


268  DECEDENTS. 

in  their  hands  as  administrators  aforesaid,  to  the  persons  en- 
titled thereto,  according  to  the  said  report :  The  petitioner  fur- 
ther representing  to  the  Court,  that  the  said  Sarah  Gregg  and 
James  Robb  have  not  paid  him  the  said  sum  of  two  hundred 
dollars  according  to  said  report  and  order,  prays  the  Court  to 
direct  a  writ  of  attachment  (or  "  sequestration"  as  the  case  may 
be),  to  issue  against  the  said  Sarah  Gregg  and  James  Robb  to 
enforce  compliance  with  said  order. 

And  he  will,  &c. 

James  Gregg. 
(AflSdavit  of  truth  of  petition  to  be  appended.) 


[Seal.] 


181.  Attachment  on  Decree  of  Payment. 

p.  766,  pi.  28.     29  March  1832,  P.  L.  209. 

The  Commonwealth  of  Pennsylvania,  to  the  Sheriff 
of  the  County  of  Chester  ;  Greeting : 
Whereas,  by  a  degree  of  our  Orphans'  Court,  before  our 
Judges  thereof,  at  West  Chester,  on  the  first  day  of  January, 
instant,  Sarah  Gregg  and  James  Robb  were  ordered  to  pay 
James  Gregg  a  certain  debt  of  two  hundred  dollars,  which  was 
then  decreed  by  our  said  Court  to  be  due  from  the  said  Sarah 
Gregg  and  James  Robb  to  the  said  James  Gregg ;  and  whereas 
it  is  represented  to  our  said  Court  that  the  said  Sarah  Gregg 
and  James  Robb  have  wholly  neglected  to  comply  with  said  order 
and  decree  and  to  pay  the  said  sum  of  money  to  the  said  James 
Gregg :  We  therefore  command  you  to  attach  the  said  Sarah 
Gregg  and  James  Robb  so  as  to  have  them  before  our  said 
Orphans'  Court  on  the  last  Monday  of  January,  instant,  there  to 
answer  to  us  as  Avell  touching  the  contempt  which  as  is  alleged  has 
been  committed  against  us,  as  also  such  other  matters  and  things 
as  shall  then  and  there  be  laid  to  their  charge  in  this  behalf,  and 
further  to  perform  and  abide  such  order  as  our  said  Court  shall 
make  in  this  behalf,  and  thereof  fail  not :  And  have  you  then 
and  there  this  writ.     Witness  the  Honorable  Townsend  Haines, 


DECEDENTS.  269 

President  of  our  said  Court  at  "West  Chester,  the  tenth  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one. 

James  Davis, 

Clerk. 


182.  Petition  for  Attachment  in  First  Instance. 

p.  767,  pi.  35,    29  March  1832,  P.  L.  210. 

In  the  Estate  of  John  1  In  the  Orphans'  Court  of  Chester 
Gregg,  deceased.        j       County. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  (setting  out  the  facts  and  the  interest  of  petitioner ;) 
The  petitioner  further  represents,  that  the  said  James  Robb  has 
absconded  (or  "is  about  to  abscond,"  or  "is  about  to  depart") 
from  his  usual  place  of  abode  to  the  prejudice  of  the  petitioner. 
The  petitioner  therefore  prays  the  Court  to  allow  the  issuing  of 
a  writ  of  attachment  (or  "  sequestration" — or  "  attachment  and 
sequestration")  against  the  said  James  Robb,  to  compel  him 
to  (set  out  the  act  to  be  done),  or  to  show  cause,  &c.,  and 
to  grant  such  other  relief  to  the  petitioner  as  may  seem  equita- 
ble. 

And  he  will,  &c. 

James  Gregg. 

Chester  county,  ss. 

James  Gregg,  being  duly  sworn,  says,  that  the  statements  in 
the  foregoing  petition  are  true  as  he  verily  believes,  that  the 
said  James  Robb  has  absconded  (or  "is  about  to  abscond,"  or 
"is  about  to  depart")  from  his  usual  place  of  abode  to  the  pre- 
judice of  the  complainant. 

Sworn  and  subscribed  in  open  "j  James  Gregg. 

Court,  May  1,  1860.  I 

George  Fisher,  Clerk.   J 


2T0 


DECEDENTS. 


183.  Recognisance  to  Dissolve  Attachment. 

p.  767,  pi.  36.     29  March  1832,  P.  L.  210. 


In  the  Estate  of  John 
Gregg,  deceased. 


In  the  Orphans'  Court  of  Chester 
County. 
y  In  the  matter  of  petition  of  James 
Gregg    for    attachment    against 


James  Robb  in  the  first  instance. 
Chester  county,  ss. 

We,  James  Robb  above  named,  Seth  Jones  and  Abel  Lea,  all 
of  the  County  of  Chester,  severally  acknowledge  ourselves  to 
be  indebted  to  the  Commonwealth  of  Pennsylvania  in  the  sum 
of  two  thousand  dollars,  lawful  money  of  the  United  States,  to 
be  levied  of  our  goods  and  chattels,  lands  and  tenements  respec- 
tively, and  to  be  void  upon  condition  that  the  said  James  Robb 
shall  appear  on  the  last  Monday  in  July  next,  before  the  said 
Court,  to  answer  to  the  above  petition  of  the  said  James  Gregg 
and  abide  the  orders  and  decrees  of  the  said  Court  in  the 
premises. 

Taken  and  acknowledged  May  10, 1  James  Robb, 

1860,  before  I  Seth  Jones, 

Townsend  Haines,  f  Abel  Lea. 

President  Judge. 


184.   Order  Dissolving  AttacJwieyit  of  Executor  on  Security. 

p.  767,  pi.  36.     29  March  1S32,  P.  L.  210. 


In  the  Matter  of  the  Es 
tate  of  John  Gregg. 


> 


In  the  Orphans'  Court  of  Ches- 
ter  County. 

Upon  attachment  and  seques- 
tration against  James  Robb, 
Executor,  &c.,  on  the  petition 
of  James  Gregg. 

And  now.  May  10,  1860 :  James  Robb,  above  named,  having 
given  security  to  the  satisfaction  of  the  Court,  by  recognisance 


DECEDENTS.  271 

to  the  Commonwealth,  in  the  sum  of  two  thousand  dollars,  with 
Seth  Jones  and  Abel  Lea  as  his  sureties,  conditioned  that  he 
will  appear  in  said  Court  on  the  last  Monday  of  July  next,  to 
answer  to  said  petition  and  to  abide  all  orders  and  decrees  of 
said  Court  in  the  premises,  said  attachment  and  sequestration 
are  dissolved. 


185.  Petition  for  Writ  of  Seizure  of  Trust  Ustate  when  Trustee 
Absconds,  ^c. 

p.  767,  pi,  37.     29  March  1832,  P.  L.  210. 

In  the  Matter  of  the  Estate  of  \  In  the  Orphans'  Court  of 
John  Gregg,  deceased.  /     Chester  County. 

To  the  Honorable,  the  Judges  of  the  Orphans'   Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  the  said  John  Gregg  died  on  or  about  the  first  day  of 
January  last,  having  made  his  last  will  and  testament,  dated  on 
the  first  day  of  March,  one  thousand  eight  hundred  and  fifty- 
nine  :  That  of  the  said  will  he  appointed  James  Robb  the  Exe- 
cutor, who  duly  proved  the  same  on  the  tenth  day  of  January 
aforesaid,  took  upon  himself  the  burden  of  the  execution  thereof, 
took  possession  of  the  personal  estate  of  said  deceased,  and  filed 
in  the  Register's  Office  of  said  county  an  inventory  thereof, 
amounting  to  five  thousand  dollars  ;  that  by  said  will  the  testator 
bequeathed  all  his  said  personal  estate,  after  the  payment  of 
his  debts,  to  the  petitioner ;  that  the  said  James  Robb  has  in 
his  possession  the  property  and  effects  set  out  in  said  inventory, 
a  copy  whereof  is  hereto  annexed,  and  that  the  said  James  Robb 
is  wasting  and  otherwise  disposing  of  said  property  and  efi'ects, 
contrary  to  his  duty  and  trust  (or  "  is  about  to  abscond  and 
carry  said  trust  property  and  efi'ects  out  of  the  jurisdiction  of 
this  Court"),  the  petitioner  therefore  prays  the  Court  to  award 
a  writ  in  the  name  of  the  Commonwealth,  to  the  Sheriif  of  said 
county,  returnable  on  a  day  certain  to  this  Court,  to  be  convened 
for  that  purpose, — Commanding  the  said  Sherifi*  to  take  posses- 
sion of  all  such  property  and  to  hold  the  same  subject  to  the 


272  DECEDENTS. 

order  of  this  Court,  and  also  to  attach  all  debts  due  to  said 
trust  and  all  stocks  in  said  inventory  mentioned,  and  serve  a 
copy  of  said  writ  upon  each  debtor  of  said  trusts  and  upon  each 
incorporated  company  in  which  said  stocks  belonging  to  said 
trust  are  held. 

And  he  will,  &c. 

James  Gregg. 

Chester  county,  ss. 

James  Gregg  above  named,  being  duly  sworn,  says,  that  the 
statements  in  the  foregoing  petition  are  true,  that  the  said 
James  Robb  has  in  his  possession  the  trust  property  and  effects 
mentioned  in  the  inventory  hereto  annexed,  and  that  he  is 
wasting  and  otherwise  disposing  of  the  same,  contrary  to  his 
duty  and  trust  (or  "  is  about  to  abscond  and  carry  said  trust 
property  out  of  the  jurisdiction  of  this  Court"),  as  the  deponent 
verily  believes. 

Sworn  and  subscribed,  May  '\  James  Wills. 

10,  1860,  before  V 

John  Graves,  J.  P.       I 


186.  Writ  of  Seizure  of  Trust  Estate  when  Trustee  Absconds,  ^c. 

p.  767,  pi.  37.     29  March  1832,  P.  L.  210. 

Chester  county,  ss. 

r-q  ,  -|  The  Commonwealth  of  Pennsylvania  To  the  Sheriff 
of  the  County  of  Chester  ;  Greeting  : 

Whereas  we  have  been  informed  in  our  Orphans'  Court, 
held  and  kept  at  West  Chester  for  said  County  of  Chester, 
before  our  Judges  thereof,  on  the  part  and  behalf  of  James 
Gregg,  that  James  Robb,  Executor  of  the  last  will  and  testa- 
ment of  John  Gregg,  deceased,  has  in  his  hands  trust  property 
and  effects,  the  estate  of  the  said  deceased,  to  wit  (set  out  the 
property) :  and  that  he  is  wasting  and  otherwise  disposing  of  the 
same,  contrary  to  his  duty  and  trust  (or  "  is  about  to  abscond 
and  carry  said  trust  property  and  effects  out  of  the  jurisdiction 
of  said  Court"),  you  are  therefore  hereby  commanded  to  take 


DECEDENTS.  273 

possession  of  all  the  trust  property  and  eiFects  specified  herein 
and  hold  the  same  subject  to  the  order  of  our  said  Court ;  and 
also  to  attach  all  the  debts  and  stocks  specified  herein,  and 
keep  them  under  attachment,  subject  to  the  order  of  said  Court, 
and  serve  a  copy  of  this  writ  upon  each  of  said  debtors  owing 
said  debts  and  upon  each  company  in  which  said  stock  may  be 
held.  And  how  you  shall  have  executed  this  writ,  you  are  to 
make  known  to  the  Justices  of  our  said  Court  at  West  Chester 
on  the  last  Monday  of  July  next,  and  have  you  then  there  this 
writ :  Witness  the  Honorable  Townsend  Haines,  President  of 
our  said  Court,  at  West  Chester,  the  tenth  day  of  May  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

George  Fisher,  Clerk. 


187.  Bond   of  Complainant   to   Sheriff  before   seizing    Trust 
Estate  when  Trustee  Absconds,  ^-c. 

P.  767,  pi.  37.     29  March  1832,  P.  L.  210. 

In  the  Estate  of  John  1  In  the  Orphans'  Court  of  Chester 
Gregg,  deceased.        /      County. 

In  the  matter  of  the  writ  of  seizure  against  James  Robb, 
Executor  of  said  deceased,  upon  complaint  of  James  Gregg : 

Know  all  men  by  these  presents,  that  we,  James  Gregg  above 
named,  Seth  Jones  and  Abel  Lea,  all  of  said  County  of  Chester, 
are  held  and  firmly  bound  to  Jesse  John,  Sheriff"  of  said  county,. 
in  the  sum  of  ten  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Jesse  John,  his  certain  attorney, 
executors,  administrators  and  assigns,  to  which  payment  well 
and  truly  to  be  made,  we  bind  ourselves,  jointly  and  severally 
our  heirs,  executors  and  administrators  firmly  by  these  presents. 
Sealed  with  our  seals,  dated  the  twelfth  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  James  Gregg  shall  indemnify  the  said  Jesse  John, 
Sheriff"  aforesaid,  against  any  damages  arising  from  the  execu- 
18 


274  DECEDENTS. 

tion  of  the  above-stated  writ  of  seizure,  then  this  obligation  to 
be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 
Sealed  and  delivered  in  the  >^  James  Gregg,  [l.  s.] 

presence  of  I  Seth  Jones,      [l.  s.] 

David  Bond,      |  Abel  Lea.        [l.  s.] 

Job  Mann.         -^ 


188.  Bond  of  Defendant  on  Writ  of  Seizure. 

P.  767,  pi.  37.     29  March  1832,  P.  L.  210. 


In  the  Estate  of  John 
GpiEGG,  deceased. 


^  In  the  Orphans'  Court  of  Chester 

County. 
"  In  the  matter  of  the  writ  of  seizure 
against  James    Robb,   Executor, 
(fee,  of  said  deceased. 

Know  all  men  by  these  presents,  that  we,  James  Robb,  Exe- 
cutor, &c.,  of  John  Gregg,  deceased,  Seth  Jones  and  Abel  Lea, 
all  of  said  county,  are  held  and  firmly  bound  unto  Jesse  John, 
Sherijff  of  said  County  of  Chester,  in  the  sum  of  ten  thousand 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  Jesse  John,  his  certain  attorney,  executors,  administrators 
and  assigns,  to  which  payment  well  and  truly  to  be  made,  we 
do  bind  ourselves  jointly  and  severally,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents.  Sealed  with  our  seals, 
dated  twelfth  day  of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty. 

The  condition  of  this  obligation  is  such,  that  if  the  trust  pro- 
perty and  effects  specified  in  the  above-mentioned  writ  of  seizure, 
shall  be  forthcoming  at  the  return  of  said  writ,  then  this  obliga- 
tion to  be  void,  or  else  to  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in  the"' 
presence  of 


James  Robb,  [l.  s.] 
Seth  Jones,   [l.  s.] 

Daniel  Bond,       {  Abel  Lea.      [l.  s.] 

Job  Mann. 


DECEDENTS.  275 


189.  Return  of  Writ  of  Seizure  when  Executed. 

p.  767,  pi.  37.     29  March  1832,  P.  L.  210. 

To  the  Honorable,  the  Judges  within  named : 
I,  Jesse  John,  the  within-named  Sheriff,  do  certify  and  return 
that  by  virtue  of  the  within  writ,  I  did,  on  the  twelfth  day  of 
May  last,  take  possession  of  the  trust  property  and  eifects  men- 
tioned in  the  schedule  marked  A,  hereto  annexed,  being  part  of 
the  same  in  said  writ  specified,  and  that  the  remainder  of  the 
said  trust  estate  and  effects  specified  in  said  writ  I  did  not  find 
in  the  possession  of  said  defendant ;  and  that  I  hold  said  trust 
estate  and  effects  subject  to  the  order  of  the  Orphans'  Court,  as 
by  the  said  writ  I  am  commanded :  I  further  certify  and  return, 
that  on  the  said  day  I  have  attached  the  debts  and  stocks  men- 
tioned in  the  schedule  hereto  annexed,  marked  B,  being  the 
same  debts  and  stocks  specified  in  said  writ  of  seizure  ;  and  that 
on  the  same  day  I  served  a  copy  of  said  writ,  personally,  on 
Enoch  Rex,  one  of  the  debtors  in  said  writ  and  schedule  named, 
by  giving  him  said  copy,  and  on  the  thirteenth  day  of  the  same 
month  on  the  Delaware  Railroad  Company,  named  in  said  writ 
and  schedule,  by  giving  a  copy  thereof  to  George  Boyd,  a 
director  of  said  company,  said  company  having  been  incorpo- 
rated by  this  Commonwealth,  and  its  principal  office  for  the 
transaction  of  business  being  located  out  of  this  State,  and  the 
said  George  Boyd  residing  within  the  County  of  Chester  ;  and 
on  the  fourteenth  day  of  the  same  month  on  Charles  Fox, 
another  of  the  debtors  in  said  writ  and  schedule  specified,  by 
leaving  the  said  copy  at  his  dwelling-house  in  the  presence  of 
an  adult  member  of  his  family ;  and  on  the  last-mentioned  day 
on  Rees  Keim,  another  of  the  debtors  in  said  writ  and  schedule 
specified,  by  leaving  the  said  copy  with  George  Reed  an  adult 
member  of  the  family  of  Thomas  Reed,  in  which  said  Rees  Keim 
resides  (or,  according  to  the  circumstances). 

So  answers, 

Jesse  John, 

Sheriff. 


276  DECEDENTS. 


190.  Return  of  Sheriff  on  Security  given  hy  Defendant. 

p.  767,  pi.  37.     29  March  1832,  P.  L.  210. 

To  the  Honorable,  the  Judges  "within  named : 
I,  Jesse  John,  the  within-named  Sheriff,  do  certify  and  return, 
that  by  virtue  of  the  T^thin  writ  on  the  twelfth  day  of  May 
last,  I  proceeded  to  execute  the  same  writ  according  to  the 
command  thereof,  but  that  the  said  James  Robb,  against  whom 
the  same  issued,  gave  me  sufficient  security  that  the  trust  pro- 
perty and  effects  specified  therein,  should  be  forthcoming  at  the 
return  thereof,  and  therefore  I  did  not  execute  the  same. 

So  answers, 

Jesse  John, 

'  Sheriff. 


191.    Writ  of  Seizure  against  Discharged  Trustee. 

p.  768,  pi.  38.     29  March  1S32,  P.  L.  211. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  the  Sheriff   ' 

•-        ■-'  of  said  county  ;  Greeting : 

Whereas,  such  proceedings  were  had  in  our  Orphans'  Court, 
held  and  kept  at  West  Chester,  before  our  Judges  thereof,  on 
the  part  and  behalf  of  James  Gregg,  that  letters  testamentary, 
heretofore  granted  by  the  Register  of  said  county  to  James 
Robb,  Executor,  &c.,  of  the  last  will  and  testament  of  John 
Gregg,  late  of  the  Township  of  Penn  in  said  county,  were  by 
the  decree  of  said  Court  vacated,  and  upon  the  grant  to  George 
Boyd,  by  the  said  Register,  of  administration  of  the  unadmin- 
istered  goods  with  the  will  annexed,  of  the  said  John  Gregg,  de- 
ceased, the  said  James  Robb  by  the  final  order  and  decree  of  said 
Court,  was  directed  to  deliver  over  and  pay  to  the  said  George 
Boyd,  all  and  every  the  goods,  chattels  and  estates  of  the  said 
John  Gregg,  deceased,  in  his  hands :  And  whereas  we  have 
been  informed  in  our  said  Court,  that  the  said  Register  has 
granted  administration  aforesaid  to  the  said  Geoi'ge  Boyd,  and 


DECEDENTS.  277 

that  the  said  James  Robb  has  in  his  hands. the  following  trust 
property  and  effects  of  the  estate  of  the  said  John  Gregg,  de- 
ceased, which  he  has  neglected  and  refused  to  deliver  over  and 
pay  to  the  said  George  Boyd,  in  obedience  to  said  decree,  to 
wit  (set  out  the  property  specifically).  You  are  hereby  com- 
manded to  take  possession  of  all  the  said  trust  property  and 
effects  herein  specified  and  hold  the  same  subject  to  the  order 
of  our  said  Court,  and  also  to  attach  all  debts  and  stocks  speci- 
fied herein  and  keep  them  under  attachment,  subject  to  the 
order  of  our  said  Court,  and  serve  a  copy  of  this  writ  upon 
each  of  said  debtors  owing  said  debts,  and  upon  each  company 
in  which  said  stock  may  be  held.  And  how  you  have  executed 
this  writ  you  are  to  make  known  to  the  Justices  of  our  said 
Court  at  West  Chester,  on  the  last  Monday  in  July  next,  and 
have  you  then  there  this  writ. 

Witness  the  Honorable  Townsend  Haines,  President  of  our 
said  Court  at  West  Chester,  the  tenth  day  of  May,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  sixty. 

George  Fisher, 

Clerk. 


192.   Order  of  Sale  after  Sequestration. 


In  the  Estate  of  John 
Gregg,  deceased. 


p.  768,  pi.  40.     29  March  1832,  P.  L.  211. 

In  the  Orphans'  Court  of  Chester 
County. 
>  Upon  Sequestration  against  John 
Robb,  Administrator,  on  petition 
of  James  Gregg. 
And  now,  February  1,  1860,  The  Sheriff  having  made  return 
to  the  writ  of  Sequestration  issued  in  this  case ; — the  Court  or- 
der that  the  decree  of  this  Court  of  January  1,  1860,  for  pay- 
ment by  James  Robb  of  the  sum  of  two  hundred  dollars  and 
costs  to  the  said  James  Gregg,  be  satisfied  out  of  the  estate 
and  effects  sequestrated  by  virtue  of  said  writ,  the  said  James 
Gregg  having  first  given  security  by  recognisance  to  the  Com- 


278  DECEDENTS. 

monwealtb,  in  the  sum  of  fiv^e  hundred  dollars,  with  Seth  Jones 
and  Abel  Lea  as  his  sureties,  who  are  approved  by  the  Court, 
conditioned  that  the  said  James  Gregg  shall  abide  the  order  of 
the  Court  touching  the  restitution  of  what  he  may  receive,  in 
case  the  said  James  Robb  shall  appear  and  be  admitted  to  de- 
fend the  above  suit. 


In  the  Estate  of  John 
Gregg,  deceased. 


r 


193.  Recognisance  of  Complainant  upon  Order  of  Sale  on  Se- 
questration. 

p.  76S,  pi.  40.     29  March  1832,  P.  L.  211. 

In  the  Orphans'  Court  of  Chester 

County. 
Upon  Sequestration  against  James 

Robb,  Administrator,  &c.,  &c. 
On  the  petition  of  James  Gregg. 

Chester  county,  ss. 

We,  James  Gregg,  above  named,  Seth  Jones  and  Abel  Lea, 
all  of  said  County  of  Chester,  do  severally  acknowledge  our- 
selves to  be  indebted  to  the  Commonwealth  of  Pennsylvania  in 
the  sum  of  five  hundred  dollars,  lawful  money  of  the  United 
States,  to  be  levied  of  our  goods  and  chattels,  lands  and  tene- 
ments, respectively,  and  to  be  void  upon  condition,  that  the 
said  James  Gregg  shall  abide  the  order  of  the  Court  touching 
the  restitution  of  what  he  may  receive  of  the  estate  and  effects 
of  the  said  James  Robb,  sequestrated  by  virtue  of  the  writ  of 
sequestration  in  this  suit,  in  case  the  said  James  Robb  shall 
appear  and  be  admitted  to  defend  said  suit. 
Taken  and  acknowledged 
February  1,  1860,  in  open 
Court. 

George  Fisher, 

Clerk. 


James  Gregg, 
Seth  Jones, 
Abel  Lea. 


DECEDENTS.  279 

194.  Petition  of  Defendant  after  Decree  to  he  admitted  to 

Defend. 

p.  768,  pi.  41.     29  March  1832,  P.  L.  211. 

>^  In   the  Orphans'  Court  of  Chester 
In  the  Estate  of  John  I      County. 

Gregg,  deceased.  f  In  the  matter  of  the  citation  against 

^       James  Robb,  Administrator. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Robb,  above  named,  Respectfully 
represents, 

That  such  proceedings  in  the  estate  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased,  were  had  in 
this  Court,  that  on  the  fifth  day  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-five,  upon  the  report 
of  David  Bond,  Esq.,  Auditor,  the  Court  decreed  that  there 
was  in  the  hands  of  the  petitioner  the  sum  of  four  hundred 
dollars  due  the  estate  of  the  said  deceased,  and  that  the  peti- 
tioner should  pay  the  costs  of  said  proceeding ;  that  such 
further  proceedings  were  had  in  said  Court,  that  on  the  tenth 
day  of  September,  in  the  year  aforesaid,  this  Court  decreed 
that  of  the  said  sum  of  four  hundred  dollars  the  petitioner 
should  pay  to  James  Gregg  the  sum  of  two  hundred  dollars, 
and  to  Charles  Gregg  the  sum  of  two  hundred  dollars  ;  that  the 
petitioner  received  no  personal  notice  of  said  decrees  before  the 
first  day  of  July  last,  being  within  one  year  last  past  (or  "  that 
no  personal  notice  of  said  decree  has  been  given  to  the  peti- 
tioner, and  that  five  years  have  not  elapsed  since  the  entry 
thereof.") 

The  petitioner  therefore  prays  the  Court  upon  his  paying 
such  costs  as  the  Court  may  adjudge,  to  admit  him  to  a  defence 
herein. 

And  he  will,  &c. 

James  Robb. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


In  the  Matter  of  the  Es- 
tate OF  John  Gregg, 
deceased. 


280  decedents. 

195.   Order  for  Issue  to  Common  Pleas. 

p.  768,  pi.  44.     29  March  18.32,  P.  L.  211. 

In  the  Orptans'  Court  of  Ches- 
ter County. 
In  the  matter  of  the  citation 
against  James  Robb,  Adminis- 
trator, &c.,  on  the  petition  of 
James  Gregg. 

And  now.  May  1,  I860,  on  the  hearing  of  this  case,  the 
Court  deem  it  expedient  and  do  order  that  an  issue  be  sent  into 
the  Court  of  Common  Pleas  of  said  county  of  Chester  for  the 
trial  by  jury  of  the  following  facts,  viz. :  (set  out  the  facts  to 
be  tried). 


196.  Precept  for  Issue  to  Common  Pleas. 

p.  768,  pi.  44.     29  March  1832,  P.  L.  211. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  To  the  Judges 
[Seal.]  of  the  Court  of  Common  Pleas  of  said  county ; — 
Greeting : 
Whereas  in  our  Orphans'  Court,  held  and  kept  at  West 
Chester  for  the  County  of  Chester  before  the  Judges  thereof, 
on  the  tenth  day  of  May  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty,  such  proceedings  were  had  upon  a 
certain  citation  issued  out  of  our  said  Court  at  the  instance 
of  James  Gregg  against  James  Robb,  administrator  of  the 
goods,  chattels  and  credits  of  said  deceased,  that  on  the  hear- 
ing thereof,  the  said  James  Gregg  averred  that  (set  out  the 
facts  disputed),  and  thereupon  our  said  Orphans'  Court,  deem- 
ing it  expedient,  did  direct  an  issue  to  be  sent  into  the  said 
Court  of  Common  Pleas  for  the  trial  of  said  facts  by  a  jury : 
We  therefore  command  you  that  you  cause  an  action  to  be 
entered  upon  the  record  of  said  Court  of  Common  Pleas,  as  of 
the  day  of  the  delivery  of  this  precept  into  the  office  of  the 
prothonotary  of  said  Court,  between  the  said  James  Gregg  and 
the  said  James  Robb,  so  that  an  issue  may  be  formed  upon  the 


DECEDENTS.  281 

said  facts,  and  tried  in  due  course  according  to  the  practice  of 
our  said  Courts  in  actions  commenced  by  writ,  and  that  you 
certify  the  result  of  the  trial  so  had  in  the  premises  into  our 
said  Orphans'  Court.  Witness  the  Honorable  Townsend  Haines, 
President  Judge  of  our  said  Orphans'  Court  at  West  Chester, 
the  day  and  year  above  written. 

George  Fisher,  Clerk. 


197.  Petition  and  Affidavit  for  Issue  on  Distribution. 

p.  768,  pi.  44,  45,  46.     29  March  1832,  P.  L.  211.     20  April  1846,  P.  L.  411. 


In  the  Estate  op  John 
Gregg,  deceased. 


In  the   Orphans'  Court  of  Chester 

County. 
In  the  matter  of  the  distribution  of 
money  arising  from  sale  of  dece- 
dent's real  estate. 
To  the  Honorable,  the   Judges  of  the   Orphans'  Court  of 
said  County  of  Chester : 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  in  the  matter  of  the  said  distribution  there  are  material 
facts  in  dispute,  the  nature  and  character  whereof  he  herein 
sets  forth  as  follows,  viz.  (set  forth  the  facts) :  The  petitioner 
therefore  further  representing  that  he  appears  by  record  in 
this  csise  primd  facie,  to  be  entitled  to  the  fund  in  Court  for 
distribution,  prays  the  Court  to  direct  an  issue  into  the  Court 
of  Common  Pleas  of  said  county,  for  the  trial  of  said  facts  by 
a  jury,  and  also  to  direct  the  said  fund  to  be  invested  pendente 
lite,  in  the  debt  of  the  United  States  or  some  other  sufficient 
security  subject  to  the  decree  of  the  Court. 

And  he  will,  &c., 

James  Gregg. 

Chester  county,  ss. 

James  Gregg,  the  above  petitioner,  being  duly  sworn,  says, 
that  the  statements  in  the  foregoing  petition  are  true,  and  that 
material  facts,  the  nature  and  character  of  which  are  set  forth 


282  DECEDENTS. 

in  said  petition,  are  in  dispute  in  the  distribution  therein  men- 
tioned. 

Sworn  and  subscribed,  May  10,  "j  James  Gregg. 

ISGO,  in  open  Court.  V 

George  Fisher,  Clerk.      J 


Ix  THE  Estate  of  John 
Gregg,  deceased. 


198.   Order  for  Issue  and  Investment. 

p.  768,  pi.  46.     20  April  1846,  P.  L.  411. 

In  the  Orphans'  Court  of  Chester 
County. 
>■  In  the  matter  of  the  distribution  of 
the  money  arising  from  sale  of 
decedent's  real  estate. 
And  now,  May  10,  1860,  upon'  the  petition  of  James  Gregg, 
the  Court  determine  that  an  issue  shall  be  granted  according 
to  the  prayer  thereof,  and  direct  that  an  issue  be  sent  to  the 
Court  of  Common  Pleas  of  said  county,  for  the  trial  by  jury 
of  the  facts  set  forth  in  said  petition,  and  the  money  arising 
from  said  sale  having  been  paid  into  Court  and  it  appearing  by 
the  record  of  this  case  that  the  said  James  Gregg  is  primd 
facie  entitled  to  said  fund,  the  Court  upon  his  application 
order  that  the  same  be  invested  lyendente  lite  in  the  debt  of  the 
United  States  (or  as  the  case  may  be),  subject  to  the  decree  of 
this  Court. 


199.  Petition  for  Order  to  produce  Books,  (f<?. 

P.  768,  pi.  47.     29  March  1832,  P.  L.  208. 

In  the  Orphans'   Court  of   Chester 

County. 
In  the  matter  of  the  citation  against 
James  Robb,   Executor,   &c.,  of 
said  decedent,  on  the  petition  of 
James  Grewg. 

To  the  Honorable,  the  Judges   of    the    Orphans'  Court  of 
Chester  County  : 


In  the  Estate  of  John 
Gregg,  deceased. 


DECEDENTS.  283 

The  petition  of  James  Gregg  above  named,  Respectfully 
represents, 

That  he  verily  believes  that  James  Robb,  the  defendant,  has 
in  his  possession  or  power  the  books,  papers  and  documents  (or 
as  the  case  may  be),  hereafter  mentioned,  viz.  (describing  them 
with  reasonable  certainty) ;  that  the  said  books,  papers  and 
documents  are  necessary  to  the  decision  of  the  question  before 
the  Court.  He  therefore  prays  the  Court  to  compel  the  said 
James  Robb  to  produce  said  books,  papers  and  documents  be- 
fore the  Court,  in  the  above-mentioned  proceedings. 

And  he  will,  &c. 

James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


In  the  Estate  of  John 
Gregg,  deceased. 


200.  Petition  for  Order  to  Produce  Books,  ^e.,  before  Auditor. 

p.  768,  pi.  47.    29  March  1S32,  P.  L.  208. 

In   the   Orphans'   Court  of  Chester 

County. 
In  the   matter  of   the   citation  of 
>•      James  Robb,  Executor,   &c.,   of 

said    deceased,    on    petition    of 

James  Gregg. 
Before  David  Bond,  Esq.,  Auditor. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  Petition  of  James  Robb,  the  above-named  defendant, 
Respectfully  represents. 

That  he  verily  believes  that  James  Gregg,  the  above  com- 
plainant, has  in  his  possession  or  power  the  books,  papers  and 
documents  (or  as  the  case  may  be),  hereafter  mentioned,  viz. 
(describing  them  with  reasonable  certainty) :  and  that  said 
books,  papers  and  documents  are  necessary  to  a  just  decision 
of  the  question  before  the  said  Auditor  in  this  case.    He  there- 


284  DECEDENTS. 

fore  prays  the  Court  to  compel  the  said  James  Gregg  to  pro- 
duce said  books,  papers  and  documents  before  said  Auditor  in 
the  above-mentioned  proceedings. 

And  he  will,  &c. 

James  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


In  the  Estate  of  John 
Gregg,  deceased. 


201.   Order  to  produce  BooJcs,  ^e. 

p.  768,  pi.  47.     29  March  1832,  P.  L.  208. 

In  the  Orphans'  Court  of  Chester 
County. 
}  In  the  matter  of  the  citation  against 
James  Robb,  Executor,  &c.,  on 
the  petition  of  James  Gregg. 
And  now.  May  1,  1860,  on  the  petition  of  James  Gregg,  it 
appearing  to  the  Court  that  James  Robb  has  in  his  possession 
or  power  books,  papers  and  documents,  in  said  petition  described, 
which  are  necessary  to  a  just  decision  of  the  question  before 
the  Court  (or  the  Auditor,  as  the  case  may  be),  in  this  case,  it 
is  ordered  that  the  said  James  Robb  do  produce  said  books, 
papers  and  documents,  on  the  hearing  of  said  case  before  the 
Court  (or  the  Auditor),  or  show  cause  why  he  should  not  be 
compelled  to  do  so. 


In  the  Estate  of  John 
Gregg,  deceased. 


202.  Attachment  for  not  producing  Boohs,  ^-e. 

p.  768,  pi.  47.     29  March  1832,  P.  L.  208. 

In  the  Orphans'  Court  of   Chester 
County. 
)■  In  the  matter  of  the  citation  against 
James   Eobb,  Executor,    &c.,  on 
the  petition  of  James  Gregg. 
And  now,  June  10,  1860,  due  proof  having  been  made  of  the 
service  of  the  order  heretofore  made  by  the  Court,  requiring  the 


DECEDENTS.  285 

said  James  Robb  to  produce  tlie  books,  papers  and  documents 
mentioned  therein,  on  the  hearing  of  this  case  before  the  Court, 
and  the  said  defendant  having  neglected  to  produce  the  same, 
the  Court  order  and  direct  that  an  attachment  issue  against  him, 
the  said  James  Robb,  to  compel  the  production  of  said  books, 
papers  and  documents. 


203.   Order  for  an  Attachment  for  not  Producing  Boohs  before 

Auditor. 

P.  768,  pi.  47.     29  March  1832,  P.  L.  208. 

In  the  Orphans'  Court  of  Chester 

County. 
In  the  matter  of  the  citation  against 


In  the  Estate  of  John 


^  xn  me  matter  oi  ine  ciiaiion  againsi 
Gregg,  deceased.  j^^^^  ^^^^^  Executor,  &c.,  on 

petition  of  James  Gregg. 
And  now,  June  10,  1860,  due  proof  having  been  made  of  the 
service  of  the  order  heretofore  made  by  the  Court,  requiring 
the  said  James  Robb  to  produce  the  books,  papers  and  docu- 
ments mentioned  therein,  on  the  hearing  before  the  Auditor  in 
this  case  and  of  notice  to  the  said  James  Robb  of  the  time  and 
place  of  said  hearing ;  And  the  Court,  having  been  informed  by 
the  report  pro  Jiac  vice  of  the  said  Auditor,  that  the  said  James 
Robb  has  neglected  to  produce  the  same,  do  order  and  direct 
that  an  attachment  issue  against  the  said  James  Robb  to  com- 
pel him  to  produce  said  books,  papers  and  documents,  in  accord- 
ance with  said  order. 


204.  Appeal  from  Decree, — Affidavit  and  Recognisance. 

P.  769,  pi.  49.     29  March  1832,  P.  L.  213. 

Iln  the  Orphans'  Court  of  Chester 
County. 
V  in  the  matter  01  the  citation  against 
Gregg,  deceased.  j^^^^  j^^^^^  Executor,  &c.,  on 

petition  of  James  Gregg. 
June  10,1860:    James  Robb,  the  above-named  defendant, 


286  DECEDENTS. 

beint'  acfrieved  by  the  definitive  decree  of  said  Court  in  the 
above  case,  appeals  from  the  same  to  the  Supreme  Court. 

James  Robb. 
Chester  county,  ss. 

James  Robb,  the  above-named  appellant,  being  duly  sworn 
says,  that  said  appeal  is  not  intended  for  delay. 

Sworn  and  subscribed,  June  ^  James  Robb. 

10,  1860,  before  > 

John  Graves,  J.  P.         J 
Chester  county,  ss. 

"We,  James  Robb,  the  above-named  appellant,  Seth  Jones  and 
Abel  Lea,  all  of  said  county,  do  severally  acknowledge  our- 
selves to  be  indebted  to  James  Gregg,  the  complainant,  in  the 
sum  of  one  thousand  dollars,  lawful  money  of  the  United  States, 
to  be  levied  of  our  goods  and  chattels,  lands  and  tenements 
respectively,  and  to  be  void  on  condition  that  the  said  James 
Robb  shall  prosecute  his  said  appeal  with  efi"ect,  and  pay  all 
costs  that  may  be  adjudged  against  him. 
Taken  and  acknowledged  June  10, "" 
1860,  before 

Townsend  Haines,  [  Abel  Lea. 

Prest.  Jud^e. 


James  Robb, 
Seth  Jones, 


205.  Petition  to  supi^ly  Vacancy  on  Death  of  one  of  tioo  Exe- 
cutors, Tnistees. 

p.  308,  pi.  216.     10  April  1S49.  P.  L.  620. 

To  the  Honorable,  the  Judges  of  the  Orphans'    Court  of 
the  City  and  County  of  Philadelphia : 

The  petition  of  Sarah  Robb,  Respectfully  represents, 
That  John  Robb,  late  of  said  city,  died  about  the  first  day 
of  March  last,  having  made  his  last  will  and  testament  dated  on 
the  first  day  of  January,  one  thousand  eight  hundred  and  fifty, 
and  proved  on  the  tenth  day  of  the  same  month  of  March  ;  that 
he  appointed  Enoch  Rex  and  George  Boyd,  Executors  of  the 
same,  and  devised  to  them  in  fee,  all  his  real  estate  wherever 


DECEDENTS.  287 

situate :  In  trust  nevertheless  to  and  for  the  following  uses, 
intents  and  purposes,  that  is  to  say  (set  out  the  trust) ;  that 
letters  testamentary  were  granted  to  the  said  Enoch  Rex  and 
George  Boyd,  who  took  upon  themselves  the  burden  of  the  exe- 
cution of  said  will  and  of  the  aforesaid  trust ;  that  the  said 
Enoch  Rex  died  in  the  month  of  May  last,  leaving  George 
Boyd,  the  other  Executor,  continuing  in  said  trust :  The  peti- 
tioner showing  that  she  is  the  same  Sarah  Robb  named  in  said 
trust  and  interested  therein,  prays  the  Court,  with  the  consent 
of  the  said  George  Boyd  and  with  notice  to  such  of  the  other 
parties  as  the  Court  may  deem  material,  to  appoint  a  trustee  in 
the  place  of  the  said  Enoch  Rex,  according  to  the  Act  of  As- 
sembly in  such  case  made  and  provided. 

And  she  will,  &c. 

Sarah  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


206.  Petition  for  Citation  to  Widow  to  Elect,  (|'C. 

p.  362,  pi.  6.     29  March  1832,  P.  L.  200. 

To  the  Honorable,  the  Judges  of  the   Orphans'  Court  of 
Chester  County  : 

The  petition  of  Charles  Gregg,  Respectfully  represents. 
That  John  Gregg  of  the  Township  of  Penn  in  said  county, 
died  on  the  first  day  of  February,  a.  d.  one  thousand  eight 
hundred  and  fifty-nine,  having  made  his  last  will  and  testament 
dated  the  first  day  of  January  in  the  same  year :  That  by  the 
said  will  he  bequeathed  and  devised  to  his  widow  Sarah  Gregg, 
as  follows,  viz.  (set  out  the  bequests  and  devises) :  which  devises 
and  bequests,  if  accepted  by  the  said  Sarah  Gregg,  will  by 
operation  of  law,  bar  her  dower  in  the  estate  of  said  testator, 
and  by  the  said  will  he  bequeathed  and  devised  all  the  residue 
of  his  estate  to  James  Robb  and  your  petitioner,  to  be  equally 
divided  between  them :  That  more  than  twelve  months  have 
elapsed  since  the  death  of  the  said  John  Gregg,  and  the  said 
Sarah  Gregg  has  not  elected  between  her  dower  and  the  pro- 


288  DECEDENTS. 

perty  Revised  and  bequeathed  to  her  as  aforesaid :  The  peti- 
tioner therefore  showing  that  he  is  interested  in  the  estate  of 
said  decedent,  prays  the  Court  to  issue  a  citation  to  the  said 
Sarah  Gregg,  widow  aforesaid,  to  appear  in  said  Court  at  a 
certain  time,  not  less  than  one  month  after  the  issuing  of  said 
citation,  to  make  her  election  either  to  accept  said  devise  and 
bequest  in  lieu  of  dower  or  waive  said  devise  and  bequest  and 
take  her  dower. 

And  he  will,  &c. 

Charles  Gregg. 
(AflBdavit  of  truth  of  petition  to  be  appended.) 


207.  Election  of  Widow. 

p.  362,  pi.  6.     29  March  1832,  P.  L.  200. 

In  the  Estate  of  John  Gregg,  deceased : 

And  now,  April  1,  1860,  Sarah  Gregg,  widow  of  the  said 
John  Gregg,  deceased,  having  appeared  in  Court  in  obedience 
to  the  citation  heretofore  issued  to  her  in  this  behalf,  elected  to 
accept  the  devise  and  bequest  to  her  under  the  will  of  said 
decedent  as  set  out  in  said  citation  (or  "  elected  to  waive  the 
devise  and  bequest  under  the  will  of  said  decedent  and  take  her 
dower,"  as  the  case  may  be),  M'hereupon  it  is  ordered  by  the 
Court  that  a  record  be  made  of  said  election. 


208.  Order  on  Widow  not  appearing. 

p.  362,  pi.  6.     29  March  1832,  P.  L.  200. 

In  the  Estate  of  John  Gregg,  deceased : 

And  now,  April  1,  1860,  Due  proof  having  been  made  of  the 
service  of  the  citation  heretofore  issued  to  Sarah  Gregg,  widow 
of  the  above-named  John  Gregg,  deceased,  to  appear  this  day 
and  elect  to  accept  the  devise  and  bequest  to  her  under  the  will 
of  said  deceased,  or  to  waive  said  devise  and  bequest  and  take  her 
dower,  and  the  said  Sarah  Gregg  having  neglected  and  refused 
to  appear  upon  such  citation,  it  is  ordered  and  decreed  that  such 


DECEDENTS.  289 

neglect  and  refusal  be  deemed  an  acceptance  of  said  devise  and 
bequest,  and  a  bar  of  the  dower  of  the  said  Sarah  Gregg  in  the 
estate  of  said  decedent,  and  it  is  further  ordered  that  a  record 
thereof  be  made. 


209.  Election  of  Widow  to  accept  or  refuse  under   Will. 

p.  362,  pi.  6.     29  March  1832,  P.  L.  200.     P.  1017,  pi.  12,  13.     8  April  1S53,  P.  L. 
249.     11  April  1848,  P.  L.  537.     P.  1554,  pi.  1.     20  April  1869,  P.  L.  77. 

In  the  Matter  of  the  Estate  ")  t    .i      r^    ^       .   /-.      .     <. 
_  „  -  „    ,      I  In  the    Orphans    Court  of 

OF  John   Gkegg,  late  of  the  >      ^,     ,      >, 
m         1  •       p  -n  J  J  Chester  County, 

lownship  01  renn,  deceased.  J 

I,  Sarah  Gregg,  widow  of  the  said  John  Gregg,  deceased,  do 
hereby  elect  to  accept  the  devise  and  bequest  to  me  made  under 
the  will  of  said  decedent  in  lieu  of  dower  (or,  do  hereby  waive  the 
devise  and  bequest  to  me  made  under  the  will  of  said  deceased 
and  elect  to  take  my  dower  and  share  of  the  personal  estate  of 
said  deceased  under  the  intestate  laws  of  this  Commonwealth). 

Witness  my  hand  the  first  day  of  January,  A.  D.  1870. 

Sarah  Gregg. 


210.  Petition  of  Surviving    Wife  for  Order  to  pay   her,    her 
Husband's  Estate  where  there  are  no  Heirs. 

p.  564,  pi.  28,  29.     8  April  1833,  P.  L.  318.     6  April  1833,  P.  L.  207. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  Chester 
County : 

The  petition  of  Sarah  Jones  of  said  county,  Respectfully 
represents, 

That  Seth  Jones,  late  of  the  Township  of  Penn  in  said  county, 

died  intestate  on  or  about  the  first  day  of  March,  A.  D.   one 

thousand  eight  hundred  and  fifty-eight,  leaving  your  petitioner, 

his  wife,  to  survive  him,  but  leaving  no  heirs  or  other  known 

kindred ;  that  the  said  Seth  Jones  died  seised  in  fee  of  the  fol- 
19 


290  DECEDENTS. 

lowing  real  estate,  viz. :  (describe  it),  and  also  of  personal  estate 
amounting,  after  the  payment  of  all  the  expenses  and  debts  of 
said  intestate,  to  the  sum  of  one  thousand  dollars,  as  will  ap- 
pear by  the  final  settlement  of  the  administration  accounts  of 
said  intestate,  by  Enoch  Rex,  Administrator  of  his  estate,  which 
accounts  were  confirmed  by  this  Court  on  the  tenth  day  of 
March  last :  that  said  real  and  personal  estate  of  said  intestate, 
by  virtue  of  the  Acts  of  Assembly  in  such  case  made  and  pro- 
vided, vested  in  the  petitioner  as  his  surviving  wife  as  aforesaid  : 

The  petitioner  therefore  prays  the  Court  to  grant  a  rule  upon 
all  the  heirs  and  other  persons  interested  or  claiming  any  in- 
terest in  said  estate,  to  appear  in  said  Court  at  some  time  cer- 
tain, and  show  cause  why  a  decree  should  not  be  made  ordering 
and  directing  the  said  Enoch  Rex,  Administrator  aforesaid,  to 
pay  to  the  petitioner  the  balance  of  the  said  intestate's  estate 
in  his  hands. 

And  she  will,  &c. 

Sarah  Jones. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


211.  Petition  for  Guardian  for  3Iinor  at  a  distance,  ^c. 

p.  323,  pi.  3.     25  August  1S64,  P.  L.  1029. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  Samuel  Gregg,  Respectfully  represents, 
That  the  petitioner  is  a  minor  child,  above  the  age  of  fourteen 
years,  of  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  deceased,  and  is  entitled  to  a  legacy  under  the  will  of 
his  said  father  (or  as  the  case  may  be) ;  that  he  resides  in  the 
city  of  Detroit  and  State  of  Michigan,  so  distant  from  the 
borough  of  West  Chester,  the  seat  of  justice  of  said  county,  as 
to  make  it  unnecessarily  expensive  for  him  to  appear  (or  as  the 
case  may  be) ;  that  the  petitioner  has  no  guardian  :  He  there- 
fore prays  the  Court  to  appoint  a  guardian  for  his  personal 


DECEDENTS.  291 

estate  without  requiring  him  to  appear  in  Court  and  make 
choice. 

And  he  will,  &c. 

February  1,  1860.  Samuel  Gregg. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


212.  Petition  to  pay  Legacy^  ^c,  to  Guardian  of  Minor  resid- 
ing out  of  the  State. 

p.  1653,  pi.  5.     25  May  1871,  P.  L.  279. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Executor,  &c.  (or  as  the  case 
may  be)  of  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  deceased.  Respectfully  represents, 

That  the  said  John  Gregg  died  about  the  first  day  of  January, 
A.  D.  one  thousand  eight  hundred  and  fifty-nine,  having  made  his 
will,  which  was  duly  proved  on  the  tenth  day  of  the  same  month  ; 
that  by  his  will  he  bequeathed  amongst  other  things  a  legacy 
of  one  thousand  dollars  to  his  son  Samuel  Gregg,  and  of  the 
same  will  appointed  the  petitioner  the  Executor,  who  has  taken 
upon  himself  the  burden  of  the  execution  thereof;  that  the  said 
legacy  is  in  the  possession  of  the  petitioner  as  Executor  afore- 
said, and  more  than  a  year  having  elapsed  since  the  death  of 
the  said  John  Gregg  (or  as  the  case  may  be),  the  petitioner 
desires  to  pay  the  same  to  the  said  Samuel  Gregg :  The  peti- 
tioner further  represents,  that  the  said  Samuel  Gregg  is  a 
minor  and  resides  out  of  this  State,  in  the  city  of  Detroit  and 
State  of  Michigan ;  and  that  George  Rex  is  the  guardian,  &c., 
of  said  minor,  appointed  in  the  State  of  Michigan  aforesaid : 
The  petitioner  therefore  showing  to  the  Court,  by  the  certificate 
of  the  probate  judge  (or  such  officer  as  has  jurisdiction  of  the 
foreign  guardian's  accounts),  that  the  said  guardian  has  given 
security  by  bond,  with  sufficient  sureties,  in  the  sum  of  two 
thousand  dollars  (or  as  the  case  may  be),  for  the  faithful  appro- 
priation of  the  said  legacy,  prays  that  this  Court  will  make  an 


292  DECEDENTS," 

order  authorizing  tlie  petitioner  to  pay  over  the  said  legacy  (or 
as  the  case  may  be)  to  the  said  George  Rex,  Guardian,  &c.,  of 
the  said  Samuel  Greo-s- 

And  he  will,  &c. 

James  Gregg,  Executor,  &c. 
(Affidavit  of  truth  of  petition  to  be  appended.) 
(The  petition  should  be  accompanied  with  a  certificate,  accord- 
ing to  the  Act  of  Congress,  of  the  appointment  of  the  foreign 
guardian,  and  of  his  having  entered  security,  &c.) 


213.  Petition  to  define  Curtilage,  ^c,  to  House  demised,  ^-c. 

p.  1522,  pi.  1,  2,  3.     14  April  1368,  P.  L.  97. 

To  The  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  Sarah  Gregg,  widow  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased,  Respectfully 
represents, 

That  the  said  John  Greo^o;  died  in  the  month  of  March,  a.  d. 
one  thousand  eight  hundred  and  sixty,  having  made  his  last  will 
dated  on  the  first  day  of  January  and  proved  the  first  day  of 
April  in  the  year  aforesaid  : — that  by  said  will  he  devised 
amongst  other  things  as  follows,  viz. :  I  give  and  devise  to  my 
wife  Sarah  Gregg,  during  the  term  of  her  life,  the  dwelling- 
house  in  which  we  now  live,  together  with  one  half  the  garden  (set- 
ting out  the  devise  verbatim,  or  if  the  title  is  otherwise  derived 
as  the  case  may  be),  that  the  boundaries  of  the  curtilage  and 
lot  appertenant  to  said  dwelling-house,  and  necessary  for  the 
use  and  enjoyment  of  the  same,  are  not  defined  by  said  will  (or 
as  the  case  may  be).  The  petitioner  therefore  prays  the  Court 
to  appoint  commissioners  to  designate  the  boundaries  of  the 
curtilage  and  lot  appertenant  to  said  dwelling-house  (or  as  the 
case  may  be)  and  necessary  for  the  convenient  use  of  the  same 
for  the  purpose  for  which  it  was  intended. 

And  she  will,  &:c. 

Sarah  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


DECEDENTS.  293 

214.  Report  of  Commissioners. 

To  the  Honorable,  the  Judges  within  named : 
The  undersigned  appointed  by  the  annexed  order,  Commis- 
sioners for  the  purposes  in  said  order  mentioned,  Respectfully 
report, 

That  having  given  due  notice  of  at  least  ten  days  (or  as  the 
case  may  be),  to  James  Gregg,  &c.  (naming  the  persons),  being 
all  the  parties  interested,  of  the  time  at  which  they  would  ex- 
amine the  said  dwelling-house  for  the  purposes  in  said  order 
mentioned,  they  did  on  the  eleventh  day  of  April,  a.  d.  one 
thousand  eight  hundred  and  sixty,  examine  said  dwelling-house 
for  said  purposes  and  they  hereby  designate  and  describe  by 
metes  and  bound  with  their  courses  and  distances,  with  the 
limits  and  extent  of  ground  necessary  for  the  convenient  use 
of  the  dwelling-house  in  said  order  mentioned,  for  the  purpose 
for  which  it  is  designed ;  and  they  herewith  annex  a  draft  of 
the  same.  Witness  the  hands  of  the  said  Commissioners  the 
eleventh  day  of  April,  A.  D.  one  thousand  eight  hundred  and 
sixty. 

Seth  Lea, 
Abel  Jones, 
George  Boyd, 

Commissioners. 


215.  Petition  for  Appraisement  of  Land  ordered  by  Will  to  he 

Appraised. 

p.  1549,  pi.  4,  5,  6,  7,  8.     17  April  1869,  P.L.  72. 

To  the  Honorable,  the  Judges    of  the  Orphans'   Court  of 
Chester  County : 

The  petition  of  Samuel  Gregg,  Respectfully  represents. 
That  John  Gregg,  late  of  the  Township  of  Penn  in  the  said 
county,  died  in  January,  A.  D.  one  thousand  eight  hundred  and 
sixty,  having  made  his  will  which  was  proved  the  first  day  of 
April  in  the  same  year ;  that  by  said  will  he  devised  his  farm 
situate,  &c.,  to  the  petitioner  in  fee,  at  such  sum  as  the  same 


294  DEEDS. 

should  be  appraised  by  "  disinterested  neighbors,"  and  that  said 
sum  should  be  divided  amongst  all  his  children,  including  the 
petitioner,  and  to  be  paid  in  one  year  from  the  death  of  the 
testator  (or,  as  the  case  may  be,  setting  out  the  devise,  &c.) :  that 
the  said  testator  did  not  indicate  by  whom  such  appraisement 
should  be  made,  and  has  not  designated  the  number  of  persons 
to  make  such  appraisement  (or  as  the  case  may  be) ;  the  peti- 
tioner further  represents,  that  besides  the  petitioner  the  children 
of  the  testator  are  Sarah  Wills,  intermarried  with  James  Wills 
(naming  all),  all  of  whom  reside  in  the  said  County  of  Chester 
(or,  as  the  case  may  be).  The  petitioner  therefore  prays  the 
Court  to  appoint  three  disinterested  and  judicious  persons,  citi- 
zens of  said  county,  to  make  appraisement  of  said  farm,  and 
award  an  inquest  directed  to  the  Sheriff  of  the  said  county,  for 
the  purpose  of  having  said  appraisement  made. 

And  he  will,  &c. 

April  30,  1871.  Samuel  Gregg. 

(Affidavit  of  truth  of  petition.) 


DEEDS. 

1.  Petition  for  Order  to  Record  Deed,  ^c. 

P.  1297,  pi.  1,  2,  3.     1  April  1863,  P.  L.  188. 

To  the   Honorable,  the   Judges  of   the   Court  of   Common 
Pleas  of  Chester  County: 

The  petition  of  John  Gregg,  Respectfully  represents, 
That  he  is  the  present  owner  of  a  messuage  and  tract  of  land 
situate  in  the  Township  of  Penn,  in  said  County  of  Chester, 
bounded  by  lands  of  Enoch  Rex,  Seth  Lea,  Abel  Jones  and 
others,  and  containing  one  acre  more  or  less  with  the  apperte- 
nances ;  that  previously  to  the  first  day  of  May,  one  thousand 
eight  hundred  and  fifty,  the  said  tract  of  land  was  formerly 
owned  by  James  Wills,  and  at  and  before  said  time  said  tract 
of  land  was  servient  to  a  right  of  way  in  favor  of  one  George 


DEEDS.  295 

Jones,  and  that  on  the  said  day  the  said  George  Jones  executed 
and  delivered  to  said  James  Wills,  a  release,  discharging  the 
said  tract  of  land  from  the  right  of  way  aforesaid  ;  that  the  pe- 
titioner is  interested  in  said  release,  and  the  same  has  never  been 
recorded,  and  is  in  the  possession  of  said  James  Wills  (or  as 
the  case  may  be,  setting  out  as  near  as  may  be,  the  character  of 
the  deed  and  the  other  circumstances).  The  petitioner  further 
represents,  that  six  months'  notice  has  been  given  to  the  said 
James  Wills,  to  deliver  to  him  (or  record)  the  said  release.  He 
therefore  prays  the  Court  to  grant  a  rule  upon  said  James 
Wills,  to  show  cause  why  the  said  release  should  not  be  delivered 
up  to  the  petitioner  (or  recorded),  and  to  decree  and  direct  the 
said  James  Wills  to  deliver  up  to  the  petitioner  (or  record)  the 
aforesaid  release. 

And  he  will,  &c. 

October  1,  1860.  John  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


2.  Decree  to  Deliver  up  or  Record  a  Deed,  ^c. 

In  the  Matter  of  the  Applica-  ^  In  the  Court  of  Common 
TIONOF  John  Gregg,  to  deliver  V  Pleasof  Chester  County. 
up  (or  record)  release.  J  Of  October  Term,  1860. 

And  now,  December  10, 1860,  upon  hearing  of  the  rule  here- 
tofore granted  in  said  matter,  the  said  James  Wills  not  having 
shown  to  the  satisfaction  of  the  Court,  why  the  release  in  said 
rule  mentioned,  should  not  be  delivered  up  to  the  said  John 
Gregg  (or  recorded),  the  Court  decree  and  direct  that  the  said 
James  Wills  deliver  up  the  said  release  to  the  said  John  Gregg 
(or  record  the  same) ;  and  that  said  James  Wills  pay  the  costs 
of  this  proceeding  (or  as  the  case  may  be). 


296  DIVORCE. 


DIVORCE. 

1.  Libel  for  Desertion,  ^c. 

Pp.  345,  346,  347,  pi.  1,  3,  5,  6,  12.  13  March  1815,  6  Sin.  L.  286.  26  AprU  1850, 

P.  L.  591. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  and  libel  of  Sarah  Boyd,  by  her  next  friend 
Enoch  Rex,  Respectfully  represents  :  That  a  marriage  was  con- 
tracted and  celebrated  between  the  libellant  and  George  Boyd, 
on  the  first  day  of  March,  A.  D.  one  thousand  eight  hundred 
and  fifty,  and  although  by  the  laws  of  God  as  well  as  by  their 
mutual  vows  in  this  behalf,  the  said  George  Boyd  and  the  libel- 
lant were  bound  to  that  constancy  which  belongs  to  the  married 
state,  yet  so  it  is,  that  the  said  George  Boyd,  in  violation  of 
said  laws  and  his  vows  aforesaid,  has  wilfully  and  maliciously 
deserted  the  libellant  and  absented  himself  from  her  habitation, 
without  reasonable  cause,  for  more  than  six  months  past  (or  as 
the  case  may  be). (a)  Wherefore  the  libellant  showing  that  she 
is  a  citizen  of  this  Commonwealth,  and  has  resided  therein  for 
the  time  of  one  year  previously  to  filing  this  her  petition  and 
libel,  prays  that  a  subpoena  may  issue  from  this  Court  to  the 
said  George  Boyd,  commanding  him  to  appear  at  the  next  Court 
of  Common  Pleas  of  said  County,  to  answer  said  petition  and 
libel,  and  show  cause  why  the  libellant  should  not  be  divorced 
and  separated  from  the  nuptial  ties  and  bonds  of  matrimony 
contracted  as  aforesaid  with  the  said  George  Boyd. 

And  she  will,  &c. 

Sarah  Boyd, 
By  her  next  friend, 

Enoch  Rex. 
Chester  county,  ss. 

Sarah  Boyd,  the   above-named  libellant,  being  duly  sworn, 

(fl)  If  the  divorce  is  asked  for  barbarous  treatment  or  offering:  indignities,  it 
may  be  advisable  to  particularize.     See  Hoffman  v.  Hoffman,  6  Cas.  417. 


DIVORCE.  207 

Bays,  that  the  facts  contained  in  her  foregoing  petition  and  libel 
are  true  to  the  best  of  her  knowledge  and  belief — that  the  said 
complaint  is  not  made  out  of  levity  or  collusion  between  her 
and  the  said  George  Boyd,  and  for  the  mere  purpose  of  being 
freed  and  separated  from  each  other,  but  in  sincerity  and  truth 
for  the  causes  mentioned  in  said  petition  and  libel. 

Sworn  and  subscribed,  December  "j  Sarah  Boyd. 

1,  1859,  before  V 

Henry  Fleming,  J.  P.    J 


2.  Subpoena. 

P.  347,  pi.  12.     13  March  1815,  6  Sin.  L.  237. 

Chester  county,  ss. 

po  1  -J      The  Commonwealth   of  Pennsylvania,  to    George 
Boyd ;  Greeting : 

We  command  you,  that  all  manner  of  business  and  excuses 
being  set  aside,  you  be  and  appear  in  your  proper  person  before 
our  Judges  at  West  Chester,  at  our  County  Court  of  Common 
Pleas  there  to  be  held  on  the  last  Monday  of  December  instant, 
to  show  cause,  if  any  you  have,  why  your  wife  Sarah  Boyd 
should  not  be  divorced  from  the  bonds  of  matrimony  which  she 
hath  contracted  with  you  the  said  George  Boyd,  agreeably  to 
the  prayer  of  the  petition  and  libel  exhibited  against  you  before 
our  said  Court ;  and  this  you  shall  in  no  wise  omit  at  your 
peril. 

'  Witness  the  Honorable  Townsend  Haines,  Esq.,  President 
Judge  of  our  said  Court  at  West  Chester,  this  first  day  of 
December,  a.  d.  one  thousand  eight  hundred  and  fifty-nine. 

Allowed.  James  Davis, 

Townsend  Haines,  Prothonotary. 

President  Judge. 


298  DIVORCE. 

3.  Return  of  Sheriff  to  Subpoena. 

P.  348,  pi.  13.     13  March  1815,  6  Sm.  L.  287. 

Chester  county,  ss. 

Jesse  John,  being  affirmed  in  due  form  of  law,  declares  and 
says,  that  after  having  made  diligent  search  and  inquiry  for 
the  within-named  George  Boyd,  he  was  unable  to  find  him  in 
the  said  County  of  Chester. 

Affirmed  and  subscribed  in  "^  Jesse  John, 


open  Court,  the  25th  day 
of  December,  a.  d.  1859. 
James  Davis, 

Prothonotary.  ^ 


Sheriff. 


4.  Alias  Subpoena. 

P.  348,  pi,  13.     13  March  1815,  6  Sm.  L.  287. 

Chester  county,  ss. 

ro     \-\      The    Commonwealth    of  Pennsylvania    to   George 

Boyd ;  Greeting : 
We  command  you  as  before  we  commanded  you,  that  all 
manner  of  business  and  excuses  being  set  aside,  you  be  and  ap- 
pear in  your  proper  person,  before  our  Judges  at  West  Chester, 
at  our  County  Court  of  Common  Pleas,  there  to  be  held  on  the 
last  Monday  of  February  next,  to  show  cause,  if  any  you  have, 
why  your  wife,  Sarah  Boyd,  should  not  be  divorced  from  the 
bonds  of  matrimony  which  she  hath  contracted  with  you,  the 
said  George  Boyd,  agreeably  to  the  prayer  of  the  petition  or 
libel  exhibited  against  you  before  our  said  Court ;  and  this  you 
shall  in  no  wise  omit  at  your  peril. 

Witness  the  Honorable  Townsend  Haines,  Esquire,  President 
of  our  said  Court  at  West  Chester,  this  fourteenth  day  of  Jan- 
uary, one  thousand  eight  hundred  and  sixty. 

James  Davis, 

Prothonotary. 
Allowed. 

Townsend  Haines, 

President  Judire. 


DIVORCE. 


299 


5.  Return  of  Sheriff  to  alias  Subpoena. 

p.  348,  pi.  13.     13  March  1815,  6  Sm.  L.  287. 

Chester  county,  ss. 

Jesse  John,  being  affirmed  in  due  form  of  law,  declares  and 
says,  that  after  having  made  diligent  search  and  inquiry  for 
George  Boyd,  the  within-named  defendant,  he  was  unable  to 
find  him  in  said  County  of  Chester. 


Affirmed  and  subscribed  in " 
open  Court,  this  28th  day 
of  February,  A.  D.  1860.   > 
James  Davis, 
Prothonotary. 


Jesse  John, 

Sheriff. 


6.  Proof  of  Puhlication. 


P.  348,  pi.  13.     13  March  1815,  6  Sm.  L.  287. 


Sarah   Boyd,   by 

her  next  friend, 

Enoch  Rex, 


In  the  Court  of  Common  Pleas  of  Ches- 
ter County. 
^  Of  December  Term,  1859.     No.  10. 
Divorce. 


George  Boyd. 
Chester  county,  ss. 

Jesse  John,  Sheriff  of  said  county,  being  affirmed  in  due 
form  of  law,  declares  and  says,  that  he  caused  a  notice  of  (of 
which  the  annexed  printed  slips  are  copies),  to  the  within-named 
George  Boyd,  to  be  published  once  a  week  for  four  successive 
weeks  in  the  "Village  Record"  and  "American  Republican," 
two  newspapers  published  in  said  county,  and  that  said  notice 
appeared  in  the  "  American  Republican"  on  the  following  days, 
to  wit,  March  first,  eighth  and  fifteenth  and  twenty-second, 
and  in   the  "  Village  Record,"  on  the  following  days,  to  wit, 


300  DIVORCE. 

March  second,  ninth  and   sixteenth   and   twenty-third,  a.  d. 
1860. 

Affirmed  and  subscribed  in"^ 


open  Court,  this  25th  daj 
of  April,  A.  D.  1860. 
James  Davis, 
Prothonotarj. 


Jesse  John, 

Sheriff. 


T.  Interrogatories. 

p.  3i7,  pi.  12.     1?.  March  1815,  6  Sm.  L.  287. 

Sarah  Boyd,  Libellant,     ")  Sur  Libel  in  Divorce. 

V.  V  Of  December  Term,  1859. 

George  Boyd,  Respondent.  J  No.  10. 

Interrogatories  to  be  propounded  to  witnesses,  called,  sworn 
or  affirmed,  and  examined  on  the  part  of  the  above-named 
libellant. 

1.  What  is  your  name,  age,  residence  and  profession,  or 
occupation  ? 

2.  Do  you  know  the  parties,  libellant  and  respondent,  or 
either  of  them,  if  so,  how  long  have  you  known  them  or  either 
of  them,  and  where  have  you  known  them  or  either  of  them  ? 

3.  Were  you  present  at  the  marriage  of  the  libellant  with  the 
respondent,  if  so,  when  did  such  marriage  take  place,  and  when 
and  by  whom  were  they  married,  and  who  were  present  at  said 
marriage :  state  what  you  know  herein  ? 

4.  State  whether  the  libellant  and  respondent  have  lived  and 
cohabited  together  as  man  and  wife,  if  so,  where,  and  how 
long? 

5.  Has  the  respondent  wilfully  and  maliciously  deserted  and 
absented  himself  from  the  habitation  of  the  libellant  without 
reasonable  cause,  if  so,  when  ?  State  also  whether  he  continued 
in  such  desertion  and  absence  up  to  this  time.  State  all  your 
knowledge  herein  fully,  as  if  particularly  interrogated  thereto. 

6.  If  you  know  of  any  other  matter  or  thing  of  advantage  to 


DIVORCE.  301 

the  libellant,  state  the  same  fully  and  at  large,  as  if  particularly 
interrogated  thereto. (a) 

David  Bond, 
April  30,  1860.  Attorney  for  Libellant. 

And  now,  April  30,  1860,  the  above  interrogatories  filed,  and 
on  motion  of  David  Bond,  Esq.,  of  counsel  with  the  libellant, 
Job  Mann,  Esquire,  is  appointed  Examiner. 


8.   Commission  to  Examiner. 

P.  347,  pt.  12.     13  March  1815,  6  Sm.  L.  287. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  Job  Mann, 

•-        ■-'  Esq. ;  Greeting  : 

Know  you,  that  we,  in  confidence  of  your  integrity,  have  given 
unto  you  and  by  these  presents  do  give  unto  you  full  power  and 
authority  in  pursuance  of  a  rule  made  in  our  County  Court  of 
Common  Pleas  for  Chester  County  aforesaid,  between  Sarah 
Boyd,  libellant  and  George  Boyd,  respondent,  to  call  before  you 
at  a  certain  day  and  place  by  you  for  that  purpose  to  be  ap- 
pointed, all  and  every  person  and  persons  who  may  be  named 
to  you  by  the  said  parties  or  either  of  them,  and  then  and  there 
to  examine  them  on  their  oaths  or  affirmations  on  certain  inter- 
rogatories hereto  annexed,  touching  the  premises  and  to  reduce 
their  testimony  to  writing,  and  when  you  shall  have  so  done 
you  are  to  send  the  same  to  our  said  Court  closed  up  and  under 
your  hand  and  seal  plainly  and  distinctly  set  forth,  together 
with  this  commission : 

Witness  the  Honorable  Townsend  Haines,  Esquire,  President 

of  our  said  Court,  at  West  Chester,  this  ninth  day  of  May,  A.  D. 

1860. 

James  Davis, 

Prothonotary. 
Return  Endorsed. 

To  the  Honorable,  the  Judges  of  the  Court  in  the  within 
order  named : 
(a)  Of  course,  the  interrogatories  will  be  framed  to  suit  the  particular  case. 


302  DIVORCE. 

The  execution  of  the  within  Commission  will  appear  by  the 
depositions  of  Abel  Lea,  &c.,  &c.  (insert  names  of  witnesses), 
hereunto  annexed. 

Respectfully  submitted, 

Job  Mann, 
Examiner. 


9.  Depositions. 

p.  347,  pi.  12.     13  March  1815,  6  Sm.  L.  287. 

Depositions  of  witnesses,  produced,  sworn  or  affirmed  and 
examined  on  the  interrogatories  hereunto  annexed,  in  the  mat- 
ter of  a  certain  libel  in  divorce,  pending  in  the  Court  of  Com- 
mon Pleas  of  Chester  County,  wherein  Sarah  Boyd  is  libellant 
and  George  Boyd  is  respondent,  on  the  part  of  said  libellant, 
taken  before  Job  Mann,  Examiner,  appointed  by  said  Court  of 
Common  Pleas,  at  his  office  in  the  borough  of  West  Chester  in 
said  County,  on  the  twelfth  day  of  June,  A.  D.  1860. 

Abel  Lea,  a  witness  produced  on  the  part  of  the  libellant, 
being  affirmed  in  due  form  of  law,  declares  and  says  as  follows : 

In  answer  to  the  first  interrogatory  the  witness  says,  &c. 
(setting  out  answer.) 

In  answer  to  the  second  interrogatory  the  witness  says,  &c. 
(And  so  through  all  the  interrogatories.) 


Examination  taken,  reduced  to  writincr, 
read  to  witness  and  by  him  subscribed 
and  affirmed  to  at  the  time  and  place 
above  mentioned,  before  me. 

Job  Mann,  Examiner. 


Abel  Lea. 


10.  Decree  of  Divorce. 

P.  34S,  pi.  15.     13  March  1815,  6  Sm.  L.  288. 

Sarah  Boyd,  by  her  next  friend,  "1  ^"  ^^^  Court  of  Common 

Enoch  Rex,  ^'^^'  °^  ^^^'*^'  C^^^^^' 

V  Of  December  Term,  1860. 

""■  Ko.  10. 

George  Boyd.  I  Di^^orce. 


DIVORCE.  303 

And  now,  October  13,  1860 ;  The  Court  having  heard  this 
cause  and  having  fullj  considered  and  proceeded  to  determine 
the  same  as  to  law  and  justice  appertain,  Do  sentence  and  de- 
cree, that  the  said  Sarah  Boyd  be  divorced  and  separated  from 
the  nuptial  ties  and  bonds  of  matrimony  heretofore  contracted 
between  her,  the  said  Sarah  Boyd,  the  libellant,  and  the  said 
George  Boyd  the  respondent: — and  that  thereupon  all  and 
every  the  duties,  rights  and  claims  accruing  to  either  the 
said  Sarah  Boyd  or  the  said  George  Boyd,  at  any  time  hereto- 
fore in  pursuance  of  said  marriage,  shall  cease  and  determine, 
and  the  said  Sarah  Boyd  and  George  Boyd  shall  severally  be  at 
liberty  to  marry  again  in  like  manner  as  if  they  had  never  been 
married,  and  further  the  Court  do  award  to  the  said  Sarah  Boyd 
against  the  said  George  Boyd  her  costs  in  this  behalf  expended. 


11.  Libel  for  Adultery. 

Pp.  345,  346,  347,  pi.  1,  3,  5,  6,  12.     13  March  1815,  6  Sm.  L.  286.     26  April  1850, 

P.  L.  291. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  and  libel  of  Sarah  Boyd  by  her  next  friend  John 
Rex,  Respectfully  represents. 

That  a  marriage  was  contracted  and  celebrated  between  the 
libellant  and  George  Boyd,  on  the  first  day  of  March,  A.  D.  one 
thousand  eight  hundred  and  fifty,  and  although  by  the  laws  of 
God  as  well  as  by  their  mutual  vows  in  this  behalf,  the  said 
George  Boyd  and  the  libellant  were  bound  to  the  constancy 
which  belongs  to  the  married  state,  yet  so  it  is,  that  the  said 
George  Boyd,  in  violation  of  said  laws  and  his  vows  aforesaid, 
has  committed  adultery  with  one  Jane  Doe,  and  other  persons  to 
your  petitioner  unknown :  Wherefore  the  libellant,  showing 
that  she  is  a  citizen  of  this  Commonwealth,  and  has  resided 
therein  for  one  whole  year  previously  to  filing  this,  her  pe- 
tition and  libel,    prays  that  a  subpoena   may    issue    from  the 


304  DIVORCE. 

said  Court  to  the  said  George  Boyd,  commanding  him  to  appear 
at  the  next  Court  of  Common  Pleas  of  said  County,  to  answer 
said  petition  and  libel,  and  show  cause  why  the  libellant  should 
not  be  divorced  and  separated  from  the  nuptial  ties  and  bonds 
of  matrimony  contracted  as  aforesaid  with  the  said  George  Boyd. 

And  she  will,  &c. 
Sarah  Boyd, 
By  her  next  friend, 
December  1,  1859.  John  Rex. 

(Affidavit  as  in  form  No.  1.) 


12.  Libel  where  Marriage  is  hy  Fraud,  ^c. 

p.  346,  pi.  r,  1.     8  May  1854,  p.  L.  644, 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  and  libel  of  Sarah  Boyd  by  her  next  friend  John 
Rex,  Respectfully  represents, 

That  on  the  first  day  of  March,  a.  d.  one  thousand  eight 
hundred  and  fifty,  an  alleged  marriage  was  celebrated  between 
your  petitioner  and  George  Boyd,  that  said  alleged  marriage 
was  procured  by  fraud  (or  force,  as  the  case  may  be),  on  the 
part  of  the  said  George  Boyd,  in  this,  that  (set  out  the  special  and 
particular  acts  constituting  the  fraud  or  force), (a)  and  that  said 
alleged  marriage  has  not  been  subsequently  confirmed  by  the 
acts  of  the  libellant :  Wherefore  the  libellant  showing  that  she 
is  a  citizen  of  this  Commonwealth,  and  has  resided  therein  for 
the  term  of  one  year  previously  to  filing  her  petition  and  libel, 
prays  that  a  subpoena  may  issue  from  the  said  Court  to  the 
said  George  Boyd,  commanding  him  to  appear  at  the  next  Court 
of  Common  Pleas  of  said  County,  to  answer  said  petition  and 
libel,  and  show  cause  why  the  libellant  should  not  be  divorced 
and  separated  from  the  nuptial  ties  and  bonds  of  matrimony 

(a)  See  Hoffman  v.  Hoffman,  6  Cas.  417. 


DIVORCE.  305 

alleged  to  have  been  contracted  as  aforesaid  with  the  said 
George  Bojd. 

And  she  will,  &c. 

Sarah  Boyd, 

By  her  next  friend, 
December  1, 1859.  John  Rex. 

(Affidavit  as  in  form  No.  1.) 


13.  Libel  on  Husband's  Conviction  of  Felony. 

p.  347,  pi.  7,  11.     8  May  1854,  P.  L.  644. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  Chester  County  : 

The  petition  and  libel  of  Sarah  Boyd,  by  her  next  friend, 
John  Rex,  Respectfully  represents, 

That  a  marriage  was  contracted  and  celebrated  on  the  first 
day  of  March,  A.  D.  one  thousand  eight  hundred  and  fifty,  be- 
tween the  libellant  and  George  Boyd,  and  that  by  virtue  thereof 
the  libellant  and  the  said  George  Boyd  have  since  lived  and 
cohabited  as  man  and  wife :  the  libellant  further  represents, 
that  the  said  George  Boyd,  on  the  first  day  of  April  last,  was 
convicted  in  the  Court  of  Oyer  and  Terminer,  &c.,  of  the  said 
County  of  Chester,  of  having  feloniously  and  burglariously 
broken  and  entered  the  dwelling-house  of  one  John  Gregg  in 
the  same  county,  and  that  the  said  George  Boyd  was  thereupon 
sentenced  by  the  said  Court,  to  an  imprisonment  in  the  Eastern 
Penitentiary  of  Pennsylvania,  for  the  term  of  three  years  : 
Wherefore,  the  libellant  showing  that  she  is  a  citizen  of  this 
Commonwealth,  and  has  resided  therein  for  one  whole  year  pre- 
viously to  filing  this,  her  petition  and  libel,  prays  that  a  sub- 
poena may  issue  from  the  said  Court  to  the  said  George  Boyd, 
commanding  him  to  appear  at  the  next  Court  of  Common  Pleas 
of  said  county  to  answer  said  petition  and  libel,  and  show  cause 
why  the  libellant  should  not  be  divorced  and  separated  from  the 
20 


306  DIVORCE. 

nuptial  ties  and  bonds  of  matrimony  contracted  with  the  said 
George  Boyd,  as  aforesaid. 

And  she  will,  &c. 

Sarah  Boyd, 

By  her  next  friend, 
December  1,  1859.  John  Kex. 

»     (AflSdavit  as  in  form  No.  1.) 


14.  Libel  where  the  Marriage  is  void. 

P.  347,  pi.  11.     14  April  1859,  P.  L.  647. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  Chester  County : 

The  petition  and  libel  of  Sarah  Rex,  by  her  next  friend  John 
Rex,  Respectfully  represents. 

That  on  the  first  day  of  March,  A.  d.  one  thousand  eight 
hundred  and  sixty,  a  supposed  marriage  was  contracted  between 
the  libellant  and  George  Boyd,  which  supposed  marriage  is  ab- 
solutely void,  by  reason  of  the  said  George  Boyd  having  a  wife, 
Jane  Boyd,  formerly  Jane  Doe,  living  at  the  time  when  said 
supposed  marriage  with  the  libellant  was  contracted  (or  as  the 
reason  may  be).  Wherefore,  the  libellant  showing  that  she  is 
a  citizen  of  this  Commonwealth,  and  has  resided  therein  for 
one  year  previously  to  filing  this,  her  petition  and  libel,  prays 
that  a  subpoena  may  issue  from  said  Court  to  the  said  George 
Boyd,  commanding  him  to  appear  at  the  next  Court  of  Com- 
mon Pleas  of  said  county,  to  answer  the  said  petition  and  libel, 
and  show  cause  why  this  Court  shall  not  decree  the  said  sup- 
posed marriage  to  be  null  and  void. 

And  she  will,  &c. 

Sarah  Rex, 

By  her  next  friend, 

December  1,  1859.  John  Rex. 

(Affidavit  as  in  form  No.  1.) 


DIVORCE.  307 

15.  Petition  on  behalf  of  Wife  when  Lunatic. 

P.  348,  pi.  14.     13  April  1843,  P.  L.  235. 

To  the  Honorable,  the  .Judges  of  the  Court  of  Common 
Pleas  of  Chester  County  : 

The  petition  and  libel  of  Sarah  Boyd,  by  John  Rex  her 
brother  and  next  friend,  Respectfully  represents. 

That  a  marriage  was  contracted  and  celebrated  between  the 
libellant  and  George  Boyd,  on  or  about  the  first  day  of  March, 
A.  D.  one  thousand  eight  hundred  and  fifty ;  and,  although  by 
the  laws  of  God  as  well  as  by  their  mutual  vows  in  this  behalf, 
the  libellant  and  the  said  George  were  bound  to  that  constancy 
■which  belongs  to  the  married  state,  yet  so  it  is,  that  the  said 
George  Boyd,  in  violation  of  said  laws  and  his  vows  aforesaid, 
has  wilfully  and  maliciously  deserted  her  the  said  libellant  and 
absented  himself  from  her  habitation,  without  reasonable  cause, 
for  more  than  six  months  past  (or  as  the  case  may  be) ;  and 
this  petition  and  libel  further  represents,  that  the  said  libellant 
is  a  lunatic  or  non  compos  mentis,  being  now  and  having 
been  for  the  space  of  two  years  last  past  and  upwards,  so  far 
deprived  of  her  reason  and  understanding,  as  to  be  rendered 
altogether  unfit  and  unable  to  govern  herself  or  manage  her 
affairs  ;  that  this  unsound  state  of  mind  is  manifested  by  a  loss 
of  memory,  &c.,  &c.  (as  the  facts  may  be,  setting  them  out — or 
if  the  party  has  been  found  lunatic,  state  the  finding).  Where- 
fore it  being  further  shown  to  the  Court  that  the  libellant  is  a 
citizen  of  this  Commonwealth,  and  has  resided  therein  for  one 
year  previously  to  filing  this  petition  and  libel,  she  prays  that 
a  subpoena  may  issue  from  the  said  Court  to  the  said  George 
Boyd,  commanding  hira  to  appear  at  the  next  Court  of  Com- 
mon Pleas  of  said  county,  to  answer  the  said  petition  and 
libel,  and  show  cause  why  she,  the  said  libellant,  should  not 
be  divorced  and   separated  from   the  nuptial   ties  and  bonds 


308  DIVORCE. 

of  matrimony  contracted  with  the  said  George  Boyd,  as  afore- 
said. 

And  she  will,  &c. 

Sarah  Boyd, 
By  her  brother  and  next  friend, 
December  1,  1859.  John  Rex. 

(Affidavit  by  John  Rex,  as  in  form  No.  1.) 


16.  Petition  of  Wife  for  Support,  ^c,  pendente  lite. 

Sarah  Boyd,  by  her  nexfl  In  the  Court  of  Common  Pleas  of 
friend,  John  Rex,            1       Chester  County. 

V.  I  No.  5,  to  May  Term,  a.  d.  1859. 

George  Boyd.  j  Subpoena  in  Divorce. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  the  above-named  libellant,  Sarah  Boyd,  by 
her  next  friend  the  said  John  Rex,  Respectfully  represents. 

That  upon  her  petition  and  libel  setting  forth  that  a  marriage 
was  contracted  and  celebrated  between  the  libellant  and  the 
said  George  Boyd,  on  the  first  day  of  March,  A.  D.  1850 ;  and 
that  the  said  George  Boyd  had  wilfully  and  maliciously  deserted 
the  libellant,  and  absented  himself  from  her  habitation  without 
reasonable  cause  for  and  during  the  term  of  six  months,  a  sub- 
poena was  issued  to  the  said  George  Rex  to  appear  at  the  next 
August  Term  of  said  Court,  to  answer  said  petition  and  libel ; 
that  the  respondent  has  appeared  in  obedience  to  the  said  sub- 
poena, and  confessed  the  fact  of  marriage  with  the  libellant,  as 
set  forth,  but  otherwise  contests  said  suit.  The  petitioner  further 
represents,  that  she  has  no  income  competent  to  her  support 
and  the  maintenance  of  said  suit.  She  therefore  prays  the 
Court  to  allot  to  her  the  sum  of  three  hundred  dollars  for  her 
support  during  said  suit  and  for  her  costs  and  expenses  in  main- 


DIVORCE.  309 

taining  the  same,  and  direct  the  respondent  to  pay  the  said  sum 
to  her  attorney  or  herself  for  the  purposes  aforesaid.(a) 

And  she  will,  &c., 

Sarah  Boyd, 
By  her  next  friend, 
June  10,  1860.  John  Rex. 

(Affidavit  by  Sarah  Boyd  of  truth  of  petition  to  be  appended.) 


In  the  Court  of  Common  Pleas  of  Chester 
County. 
'  No.  5.     To  May  Term,  1859. 
Divorce. 


17.  Rule  on  Husband  on  application  of  Wife  for  Support, 
^c.,  pendente  lite. 

Sarah  Boyd,  by" 

her  next  friend, 

John  Rex, 

V. 

George  Boyd. 

And  now,  June  10,  1860 ;  The  petition  of  Sarah  Boyd,  the 
above-named  libellant,  was  read,  and  same  day,  on  motion  of 
David  Bond  of  counsel  with  said  libellant,  the  Court  grant  a 
rule  upon  George  Boyd  the  respondent,  to  show  cause  why  he 
should  not  pay  to  the  said  libellant  or  her  attorney,  the  sum  of 
three  hundred  dollars  for  her  support  during  the  pendency  of 
this  suit,  and  for  her  costs  and  expenses  in  maintaining  the 
same.     Returnable  July  10,  1860. 


18.   Order  on  Husband  for  Support,  ^c.,of  Wife,  pendente  lite. 
Sarah  Boyd,  by"" 


her  next  friend, 
John  Rex, 


In  the  Court  of  Common  Pleas  of  Chester 

County. 
No.  5.     To  May  Term,  1859. 
Divorce. 


V. 

George  Boyd. 

And  now,  July  10, 1860,  On  hearing  the  parties  on  the  rule 

(a)   Shelford  on  Marriage  and   Divorce  5.33,  586  ;  Poynter  on  Marriage  and 
Divorce  259,  260 ;  3  Burn's  Eccles.  Law  508  a. 


310  DIVORCE, 

to  show  cause,  &c.,  heretofore  granted  in  this  case,  and  on  full 
consideration  thereof,  the  Court  order  George  Boyd,  the 
respondent,  to  pay  to  Sarah  Boyd,  the  libellant,  or  to  David 
Bond,  Esquire,  her  attorney,  the  sum  of  three  hundred  dollars 
for  her  support  during  the  pendency  of  the  above  suit  and  for 
her  costs  and  expenses  in  maintaining  the  same. 


19.  .Appeal  to  Supreme  Court,  Affidavit  and  Recognisance. 

p.  348,  pi.  17.     13  March  1813,  6  Sm.  L.  288.     P.  410,  pi.  8.     11  March  1809,  5  Sm, 

L.  17. 

Sarah  Boyd,  by  her  next^ 


friend,  John  Bex,  libellant, 


V. 


George  Boyd,  respondent. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
No.  5.     To  May  Term,  1860. 
Subpoena  in  Divorce. 

November  1,  1860.  George  Boyd,  respondent  above  named, 
appeals  to  the  Supreme  Court  of  the  Eastern  District  of  Penn- 
sylvania, from  the  final  sentence  and  decree  in  the  above  suit. 

George  Boyd. 
Chester  county,  ss. 

George  Boyd,  the  respondent  above  named,  being  sworn  in 
due  form  of  law,  says,  that  the  appeal  in  the  above  case  is  not 
intended  for  delay. 

Sworn  and  subscribed.  No-  ^  George  Boyd. 

vember  1,  1860,  before      > 
Henry  Fleming,  J.  P.  J 

George  Boyd,  the  above  respondent,  and  John  Gregg,  each 
acknowledge  themselves  to  be  indebted  to  the  said  John  Kex, 
for  the  use  of  the  above-named  libellant,  in  the  sum  of  five 
hundred  dollars,  to  be  levied  of  their  respective  goods  and 
chattels,  lands  and  tenements,  and  to  be  void  upon  condition 
that  the  aforesaid  George  Boyd  shall  prosecute  the  said  appeal 
with  effect. 
Taken  and  acknowledged,  Novem-^  George  Boyd, 

ber  1,  1860,  before  the  under-  John  Gregg. 

signed,  one  of   the  Judges    of 

said  Court. 

Robert  Parke. 


DIVORCE.  811 


20.  Petition,  a  mensd  et  tlioro. 

p.  349,  pi.  24.    26  February  1817,  6  Sm.  L.  405. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  and  libel  of  Sarah  Boyd,  by  her  next  friend 
John  Rex,  Respectfully  represents. 

That  on  the  first  day  of  March,  A.  d.  one  thousand  eight 
hundred  and  fifty,  a  marriage  was  contracted  and  celebrated 
between  the  libellant  and  George  Boyd,  and  although  by  the 
laws  of  God  as  well  as  by  their  mutual  vows  in  this  behalf,  they 
were  bound  to  the  constancy  which  belongs  to  the  married 
state,  yet  so  it  is,  that  the  said  George  Boyd  in  violation  of  said 
laws  and  his  vows  aforesaid,  has  oifered  such  indignities  (a)  to 
the  person  of  the  libellant,  as  to  render  her  condition  intolera- 
ble, and  her  life  burdensome,  and  has  thereby  forced  her  to 
withdraw  from  his  house  and  family  (or  as  the  case  may  be). 
Wherefore  the  libellant  showing  that  she  is  a  citizen  of  this 
Commonwealth  and  has  resided  therein  for  the  term  of  one 
year  previously  to  filing  this  her  petition  and  libel,  prays  that 
a  subpoena  may  issue  from  the  said  Court  to  the  said  George 
Boyd,  commanding  him  to  appear  at  the  next  Court  of  Common 
Pleas  of  said  county,  to  answer  said  petition  and  libel,  and 
show  cause  why  the  Court  should  not  grant  to  the  libellant  a 
divorce  from  bed  and  board ;  and  that  the  Court  would  allow 
to  her  such  alimony  as  the  circumstances  of  the  said  George 
Boyd  will  admit  of. 

And  she  will,  &c., 

Sarah  Boyd, 
by  her  next  friend, 

April  10,  1859.  John  Rex. 

(Affidavit  as  in  other  petitions  for  divorce. )(6) 

(a)   See  Hoffman  v.  Hoffman,  6  Cas.  417. 

(6)  That  part  of  the  affidavit  negativing  collusion,  would  seem  to  be  entirely 
incongruous  and  inapplicable,  but  the  practice  in  some  Courts  is  to  rec^uire  it. 


In  the  Court  of  Common  Pleas  of  Chester 

County. 
Of  May  Term,  1859.     No.  5. 
Divorce. 


812  DIVORCE. 

21.  Decree  of  Divorce,  a  mensd  et  tlioro. 

p.  349,  pi.  24.     26  February  1817,  6  Sm.  L.  405. 

Sarah  Boyd,  by^ 
her  next  friend, 
John  Rex, 

V. 

George  Boyd. 

And  now,  October  1,  1859,  The  Court  having  heard  this 
cause  and  having  fully  considered  and  proceeded  to  determine 
the  same  as  to  law  and  justice  appertain,  do  grant  unto  the 
said  Sarah  Boyd,  the  libellant,  a  divorce  from  the  bed  and  board 
of  the  said  George  Boyd,  the  respondent ;  and  having  fully  con- 
sidered the  circumstances  of  the  said  George  Boyd,  the  Court 
allow  to  the  said  Sarah  Boyd,  the  annual  sum  of  one  hundred 
dollars,  her  alimony  to  be  paid  by  the  said  George  Boyd  in  half 
yearly  payments  of  fifty  dollars  each,  on  the  first  days  of  April 
and  October  in  every  year,  to  continue  until  a  reconciliation 
shall  take  place  between  the  said  Sarah  Boyd  and  the  said 
George  Boyd,  or  until  the  said  George  Boyd  shall,  by  his 
petition  or  libel,  oifer  to  receive  and  cohabit  with  the  said  Sarah 
Boyd  again  and  use  her  as  a  good  husband  ought  to  do  and 
the  Court  shall  thereupon  suspend  or  discharge  and  annul  said 
decree. 


22.  Petition  to  receive  Wife. 

P.  349,  pi.  24.    26  February  1817,  6  Sm.  L.  405. 

Sarah    Boyd,    by    her    next  ^  In  the  Court  of  Common  Pleas 
friend,  John  Bex,  libellant,  I       of  Chester  County. 

V.  j  Of  May  Term,  1859. 

George  Boyd,  respondent.     J  No.  5. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  or  libel  of  George  Boyd,  the  above-named  respon- 
dent, Respectfully  represents.  That  on  the  first  day  of  October, 


DIVORCE.  313 

A.  D.  one  thousand  eight  hundred  and  fifty-nine,  upon  the  libel 
and  complaint  of  Sarah  Boyd^  the  above-named  libellant,  this 
Court  made  a  decree  in  the  above-stated  suit,  granting  to  the 
said  libellant  a  divorce  from  the  bed  and  board  of  the  petitioner 
and  allowing  her  the  annual  sum  of  one  hundred  dollars,  to  be 
paid  by  the  petitioner  for  her  alimony :  The  petitioner  now 
hereby  offers  to  receive  the  said  Sarah  Boyd,  cohabit  with  her 
again  and  to  use  her  as  a  good  husband  ought  to  do :  he  there- 
fore prays  the  Court  that  the  aforesaid  sentence  and  decree 
may  be  suspended,  or  in  case  of  the  refusal  of  the  said  Sarah 
Boyd  to  return  and  cohabit  under  the  protection  of  the  Court, 
that  the  Court  will  discharge  and  annul  the  said  sentence  and 
decree. 

And  he  will,  &c. 

November  1,  1859.  George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


23.  Order  for  Citation  on  Petition  to  suspend  Decree,  d  mensd 

et  thoro. 

P.  349,  pi.  24.     26  February  1817,  6  Sm.  L.  405. 

Sarah  Boyd,  by  her  next  -,  In  the  Court  of  Common  Pleas 
friend,  John  Rex,          (         of  Chester  County. 

V.  I  Of  May   Term,    1859.     No.  5. 

George  Boyd.  -^  Divorce. 

And  now,  November  1,  1859  ;  The  petition  of  George  Boyd, 
respondent,  was  read,  and  on  same  day,  on  motion  of  Job  Mann, 
Esquire,  of  counsel  with  said  George  Boyd ;  the  Court  direct  a 
citation  to  issue  to  Sarah  Boyd,  the  libellant,  to  appear  in  this 
Court  on  the  tenth  day  of  December  next  and  answer  said 
petition,  and  show  cause  if  any  she  have,  why  the  decree  made 
in  this  case  on  the  first  day  of  October  last,  divorcing  her  from 
the  bed  and  board  of  the  said  George  Boyd,  should  not  be  sus- 
pended, or  in  case  of  her  refusal  to  return  and  cohabit  with  him 
under  the  protection  of  the  Court,  why  the  Court  should  not 
annul  and  discharf^e  said  decree. 


314  DIVORCE. 

24.   Order  Annulling  Decree,  a  mensd  et  tJioro. 

p.  349,  pi.  24.     26  February  1817,  6  Sm.  L.  405. 

Sarah  Boyd,  by  her  next  >^  In  the  Court  of  Common  Pleas 

friend,  John  Rex,          I  of  Chester  County. 

V.                     •J  Of  May   Term,  1859.     No.    5. 

George  Boyd.           ^  Divorce. 

And  now,  December  10,  1859  ;  The  said  Sarah  Boyd  having 
appeared  in  obedience  to  the  citation  issued  in  this  case,  and 
the  Court  having  heard  the  parties  and  fully  considered  the 
offer  of  George  Boyd,  the  respondent,  by  his  petition  or  libel, 
to  receive  and  cohabit  again  with  the  libellant,  and  use  her  as  a 
good  husband  ought  to  do,  and  the  said  Sarah  Boyd  refusing 
to  return  and  cohabit  with  the  said  George  Boyd  under  the 
protection  of  the  Court:  the  Court  do  annul  and  discharge 
the  sentence  and  decree  of  the  first  day  of  October  last  divorc- 
ing the  said  Sarah  Boyd  from  the  bed  and  board  of  the  said 
George  Boyd  and  allowing  her  the  alimony  in  said  sentence 
and  decree  specified. 


25.   Order  Suspending  Decree,  a  mensd  et  thoro. 

p.  349,  pi.  24.     26  February  1817,  6  Sm.  L.  405. 

Sarah  Boyd,  by  her  next  >.  In  the  Court  of  Common  Pleas 

friend,  JoHX  Rex,          (  of  Chester  County, 

V.                   (  Of  May   Term,   1859.     No.    5. 

George  Boyd.  Divorce. 

And  now,  December  10,  1859  ;  The  said  Sarah  Boyd  having 
appeared  in  obedience  to  the  citation  issued  in  this  case,  and 
the  Court  having  heard  the  parties  and  fully  considered  the 
offer  of  George  Boyd  the  respondent,  by  his  petition  and 
libel,  to  receive  and  cohabit  again  with  the  said  Sarah  Boyd 
the  libellant  and  use  her  as  a  good  husband  ought  to  do,  and 
the  said  Sarah  Boyd  not  refusing  to  return  and  cohabit  with  the 
said  George  Boyd  under  the  protection  of  the  Court,  the  Court  do 


DIVORCE.  315 

suspend  the  decree  of  the  first  day  of  October  last,  divorcing 
the  said  Sarah  Boyd  from  the  bed  and  board  of  the  said  George 
Boyd  and  allowing  her  the  alimony  in  said  decree  specified. 


26.  Petition  to  Revive  Decree  d  mensd  et  thoro. 

p.  349,  pi.  24.     26  February  1817,  6  Sm.  L.  405. 


Sarah  Boyd,  by  her  next  friend, 
John  Rex, 


In  the  Court  of  Common 
Pleas  of  Chester  County. 
'Of  May  Term,  1859.  No.  5. 
Divorce. 


V. 

George  Boyd. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Sarah  Boyd,  above  named,  by  her  next  friend, 
John  Rex,  Respectfully  represents, 

That  such  proceedings  were  had  in  this  Court  in  the  above 
case,  that,  on  the  first  day  of  October,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-nine,  the  Court  granted 
to  the  petitioner  a  divorce  from  the  bed  and  board  of  her  hus- 
band, the  above-named  George  Boyd,  and  allowed  her  the 
annual  sum  of  one  hundred  dollars  alimony ; — that  the  said 
George  Boyd  having  by  his  petition  or  libel  offered  to  receive 
and  cohabit  again  with  the  petitioner  and  use  her  as  a  good 
husband  ought  to  do,  and  the  petitioner  not  refusing  to  return 
and  cohabit  with  the  said  George  Boyd,  under  the  protection 
of  the  Court,  the  Court  did,  on  the  tenth  day  of  December 
last,  suspend  the  said  decree  of  October,  1859.  The  petitioner 
further  represents,  that  in  pursuance  of  the  said  ofi'er  of  the 
said  George  Boyd,  she  did  in  good  faith,  return  and  cohabit 
with  the  said  George  Boyd  ;  but  that  the  said  George  Boyd  has 
for  the  space  of  three  months  and  upwards  last  past,  and  since 
her  return  and  cohabitation  as  aforesaid,  failed  in  performing 
his  said  offers  and  engagements,  and  has  not  used  her  as  a  good 
husband  ought  to  do,  but  has  offered  such  indignities  to  her 
person  as  to  render  her  condition  intolerable  and  her  life  burden- 
some, and  thereby  forced  her  again  to  withdraw  from  his  house 
and  family  (or  as  the  case  may  be).  The  petitioner  therefore 
prays  the  Court,  that  the  former  sentence  of  the  first  day  of 


316  DIVORCE. 

October,  A.  D.  one  thousand  eight  hundred  and  fifty-nine,  may 
be  revived  and  enforced,  and  the  arrears  of  her  alimony  ordered 
to  be  paid. 

And  she  will,  &c., 

Sarah  Boyd, 
By  her  next  friend, 
August  1,  1860.  John  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


27.    Order  for  a  Citation  to  Revive  Decree. 

p.  349,  pi.  24.     26  February  1S17,  6  Stn.  L.  405. 


Sarah  Boyd,  by  her  next  friend," 
John  Rex, 


In  the  Court  of  Common 
Pleas  of  Chester  County. 
'Of  May  Term,  1859.  No.  5. 
Divorce. 


V. 

George  Boyd. 

And  now,  August  1,  1860,  the  petition  of  Sarah  Boyd  was 
read,  and  same  day,  on  motion  of  David  Bond,  Esquire,  of 
counsel  with  the  said  Sarah  Boyd,  the  Court  direct  a  citation 
to  issue  to  George  Boyd  the  respondent,  to  appear  in  this  Court 
on  the  first  day  of  September  next  and  answer  the  said  petition, 
and  show  cause,  if  any  he  have,  why  the  sentence  and  decree 
of  October  1,  1859,  in  this  case,  should  not  be  revived  and 
enforced,  and  the  arrears  of  the  alimony  of  the  said  Sarah 
Boyd  ordered  to  be  paid. 


28.   Order  Reviving  Decree,  ^-c. 

p.  .349,  pi.  24.     26  February  1S17,  6  Sm.  L.  405. 

Sarah  Boyd,  by  her  next  friend,^.  In  the  Court  of  Common 

John  Rex,  '      Tleas  of  Chester  County. 

V.  I  Of  May  Term,  1859.  No.  5. 

George  Boyd.  J  Divorce. 

And  now,  September  1,  1860,  the  said  George  Boyd  having 


DIVORCE.  317 

appeared  in  obedience  to  the  citation  issued  in  this  case,  and 
the  Court  Raving  heard  the  parties  and  the  proofs  in  the  case, 
and  fully  considered  the  same,  and  it  appearing  that  the  allega- 
tions in  the  petition  of  the  said  Sarah  Boyd  are  true,  and  that 
the  said  George  Boyd  has  failed  in  his  offers  and  engagements 
to  receive  and  cohabit  with  the  said  Sarah  Boyd  again,  and  to 
use  her  as  a  good  husband  ought  to  do,  it  is  ordered  and 
decreed  that  the  sentence  and  decree  of  the  first  day  of  October, 
A.  D.  one  thousand  eight  hundred  and  fifty-nine,  granting  to 
the  said  Sarah  Boyd  a  divorce  from  the  bed  and  board  of  the 
said  George  Boyd,  and  allowing  her  alimony  as  is  in  said  decree 
specified,  be  revived  and  enforced  ;  and  it  is  further  ordered  that 
•the  sum  of  fifty  dollars,  the  arrears  of  the  said  alimony,  be  paid 
to  her. 


29.  Affidavit  and  Precipe  for  Execution  for  unpaid  Alimony. 

p.  350,  pi.  25.     15  April  18i5,  P.  L.  455. 

Sarah  Boyd,  by  her  next  n  In  the  Court   of  Common  Pleas 
friend,  John  Rex,  (       of  Chester  County. 

V.  r  Of  May  Term,  1859.     No.  5. 

George  Boyd.  ^  Divorce. 

Chester  county,  ss. 

Sarah  Boyd,  the  above-named  libellant,  being  duly  sworn, 
says,  that  the  sum  of  fifty  dollars,  a  payment  of  alimony  under 
the  decree  in  the  above  case,  made  due  and  payable  by  the 
Court  on  the  first  day  of  April,  instant,  is  due  and  unpaid. 
Sworn  and  subscribed,  April  15,  \  Sarah  Boyd. 

1860,  before  > 

John  Graves,  J.  P.      j 
Issue  Fieri  Facias  against  the  respondent,  George  Boyd,  for 
fifty  dollars,  the  above-stated  sum  of  unpaid  alimony.    Interest 
from  April  1,  1860. 

Yours,  &c. 

David  Bond,  for  Libellant. 
To  James  Davis,  Prothonotary.  April  15,  18G0. 


318  DIVORCE. 


30.  Petition  of  Wife  for  Security  for  Alimony. 

p.  350,  pi.  25.     15  April  1845,  P.  L.  455. 

Saeah  Boyd,  by  her  next  friend,  ^  In  the  Court  of  Common 

John  Rex,  Libellant,  (      Pleas  of  Chester  County. 

^  V.  j  Of  May  Term,  1859. 

George  Boyd,  Respondent.  No.  5. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Sarah  Boyd,  the  above-named  libellant,  by 
her  next  friend,  John  Rex,  Respectfully  represents. 

That  upon  the  first  day  of  October,  a.  d.  one  thousand  eight 
hundred  and  sixty,  this  Court  made  a  decree  in  the  above-stated 
suit,  granting  to  your  petitioner  a  divorce  from  the  bed  and 
board  of  the  said  respondent,  and  allowing  to  the  petitioner  the 
annual  sum  of  one  hundred  dollars,  to  be  paid  by  the  respondent 
for  her  alimony,  and  also  ordering  the  respondent  to  pay  all  the 
costs  in  said  suit,  amounting  to  the  sum  of  one  hundred  dollars  ; 
that  by  virtue  of  the  Act  of  Assembly  in  such  case  made  and 
provided,  the  said  decree  was  entered  in  the  Judgment  Docket 
of  this  Court,  and  thereupon  became  a  lien  upon  the  real  estate 
of  the  respondent.  The  petitioner  further  represents,  that  all 
the  real  estate  owned,  by  the  respondent  consists  of  a  house  and 
lot  of  land,  in  the  Township  of  Penn  in  said  county,  bounded 
by  lands  of  John  Rex,  John  Gregg  and  others,  containing  two 
acres  more  or  less,  with  the  appertenances,  which  the  petitioner 
verily  believes  is  not  worth  more  than  one  thousand  dollars, 
and  is  therefore  not  suflBcient  for  the  full  and  permanent  secu- 
rity for  payment  of  said  decree ;  and  that  the  respondent  is 
possessed  of  other  sufficient  estate.  The  petitioner  therefore 
prays  that  she  may  be  permitted  to  make  proof  to  the  satisfac- 
tion of  the  Court  of  the  statements  in  this  petition,  and  that  the 
Court  will  thereupon  order  and  require  the  respondent  to  give 
such  security  as  shall  be  determined  and  approved  by  the  Court, 


DIVORCE.  319 

for  the  due  payment  of  the  said  alimony  according  to  the  terms 
of  the  decree  in  the  above-stated  suit.* 

And  she  will,  &c. 

Sarah  Boyd, 
By  her  next  friend, 
May  1,  1860.  John  Rex. 

(Affidavit  by  Sarah  Boyd  of  truth  of  petition.) 


31.  Rule  on  Petition  for  Security  for  Alimony. 

p.  350,  pi.  25.     15  April  1845,  P.  L.  455. 


^  In  the  Court  of   Common   Pleas 

of  Chester  County. 
'  Of  May  Term,  1859.     No.  5. 
Divorce. 


Sarah  Boyd,  by  her  next 
friend,  John  Rex, 

V. 

George  Boyd. 

And  now,  May  1,  1860 ;  The  petition  of  Sarah  Boyd,  the 
libellant,  was  read,  and  same  day  on  motion  of  David  Bond,  Es- 
quire, of  counsel  with  said  Sarah  Boyd,  a  rule  is  granted 
on  George  Boyd  respondent,  to  show  cause  why  the  Court  should 
not  order  and  require  that  security,  such  as  shall  be  determined 
and  appi'oved  by  the  Court,  shall  be  given  for  the  due  payment 
of  the  alimony  allowed  to  the  said  Sarah  Boyd,  according  to 
the  terms  of  the  decree  of  the  Court,  of  the  first  day  of  Octo- 
ber, A.  D.  1859.     Returnable  June  10,  1860. 


32.   Order  for  Security  for  Alimony. 

p.  350,  pi.  25.     15  April  1845,  P.  L.  455. 

Sarah  Boyd,  by  her  next"]  In   the  Court  of  Common  Pleas 
friend,  John  Rex,  of  Chester  County. 

y^  \  Of  May  Term,  1859.     No.  5. 

George  Boyd.  Divorce. 

J 

And  now,  June  10,  1860,  on  hearing  the  parties  on  the  rule 
to  show  cause,  &c.,  heretofore  granted  in  this  case,  and  the 
Court  being  of  opinion  that  the  lien  on  the  real  estate  of  George 


320  DIVORCE. 

Boyd,  the  respondent,  is  not  sufficient  for  the  full  and  perma- 
nent security,  for  the  payment  of  the  decree  of  October  1,  1859, 
allowing  alimony  to  the  said  Sarah  Boyd ;  and  satisfactory 
proof  having  been  made  that  the  said  George  Boyd  is  pos- 
sessed of  sufficient  estate,  the  Court  do  order  a  decree,  and 
require  that  the  said  George  Boyd  enter  into  bond  to  the 
Commonwealth  to  the  use  of  the  said  Sarah  Boyd,  in  the 
sum  of  two  thousand  dollars,  with  such  sureties  as  shall  be 
approved  by  the  Court  (or  as  the  order  may  be),  conditioned  for 
the  due  payment  to  the  said  Sarah  Boyd  of  the  annual  sum  of 
one  hundred  dollars,  in  half-yearly  payments  of  fifty  dollars 
each,  on  the  first  days  of  April  and  October  in  every  year,  until 
a  reconciliation  shall  take  place  between  the  said  Sarah  Boyd 
and  the  said  George  Boyd,  or  until  the  said  George  Boyd  shall 
by  his  petition  or  libel  offer  to  receive  and  cohabit  again  with 
the  said  Sarah  Boyd  and  use  her  as  a  good  husband  ought  to 
do  and  the  Court  shall  thereupon  suspend  or  discharge  and  an- 
nul said  decree. 


friend,  John  Rex, 

V. 

George  Boyd. 


33.  Bond  for  Alimony. 

p.  350,  pi.  25.     15  April  1845,  P.  L.  455. 

Sarah  Boyd,  by  her  next       ^  I"  the  Court  of  Common  Pleaa 

of  Chester  County. 
^  Of  May  Term,   1859.     No.   5. 
Divorce. 

Know  all  men  by  these  presents,  that  we,  George  Boyd,  the 
above-named  respondent,  Seth  Jones  and  Abel  Lea,  all  of  the 
County  of  Chester,  are  held  and  firmly  bound  unto  the  Com- 
monwealth of  Pennsylvania,  in  the  sum  of  two  thousand  dol- 
lars, lawful  money  of  the  United  States,  to  be  paid  to  the  Com- 
monwealth, her  certain  attorney  and  assigns,  to  the  use  of  the 
said  Sarah  Boyd,  to  which  payment  well  and  truly  to  be  made, 
we  bind  ourselves  jointly  and  severally,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents  ;  Sealed  with  our  seals, 


DOMESTIC  ATTACHMENT.  321 

dated  the  tenth  day  of  June,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty. 

Whereas  the  said  Court  of  Common  Pleas  did,  by  decree  of 
the  first  day  of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-nine,  grant  unto  the  said  Sarah  Boyd, 
a  divorce  from  the  bed  and  board  of  the  said  George  Boyd, 
and  allowed  to  the  said  Sarah  Boyd  the  annual  sum  of  one 
hundred  dollars,  her  alimony,  to  be  paid  by  the  said  George 
Boyd,  in  half-yearly  payments,  of  fifty  dollars  each,  on  the  first 
days  of  April  and  October  in  every  year,  to  continue  until  a 
reconciliation  shall  take  place  between  the  said  Sarah  Boyd  and 
the  said  George  Boyd,  or  until  the  said  George  Boyd  shall  by 
his  petition  or  libel,  ofier  to  receive  and  cohabit  with  the  said 
Sarah  Boyd  again,  and  use  her  as  a  good  husband  ought  to  do 
and  the  Court  shall  thereupon  suspend,  or  discharge,  or  annul 
said  decree  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the 
above  bounden  George  Boyd,  shall  duly  pay  the  said  alimony 
to  the  said  Sarah  Boyd  according  to  the  terms  of  said  decree, 
then  this  obligation  to  be  void,  or  else  to  be  and  remain  in  full 
force  and  virtue. 


Sealed  and  delivered  in  the 
presence  of 

James  Davis, 
David  Bond. 


George  Boyd,  [l.  s.] 
Seth  Jones,  [l.  s.] 
Abel  Lea.       [l.  s.] 


DOMESTIC   ATTACHMENT. 
1.  Precipe  and  Affidavit  in  ease  of  Inhabitant. 

Pp.  353,  354,  pi.  1,  2.     13  June  1836,  P.  L.  608. 

I  In  the  Court  of  Common  Pleas  of  Chester 


T         r^  (       County. 

John  Gregg.  J  -^ 


Issue  writ  of  Domestic  Attachment  to  attach  all  and  singu- 
21 


322      '  DOMESTIC  ATTACHMENT. 

lar  the  goods  and  chattels,  lands  and  tenements,  of  the  said 
John  Gregg,  in  the  hands  of  Enoch  Rex,  Garnishee,  or  in  whose 
hands  soever  the  same  may  be,  for  the  benefit  of  the  said  James 
Wills,  and  the  other  creditors  of  the  said  John  Gregg. 

Yours,  &c., 

William  Marshall, 

Plaintiff's  Attorney. 
To  James  Davis,  June  1,  1860. 

Prothonotary. 

Chester  County,  ss. 

James  Wills,  above  named,  being  duly  sworn,  says,  that  the 
said  John  Grenjo;  is  indebted  to  him  in  the  sum  of  four  hundred 
dollars,  for  goods  sold  and  delivered  to  him  at  his  request  (or 
as  the  case  may  be) ;  that  the  said  John  Gregg  is  an  inhabitant 
of  this  Commonwealth,  and  has  absconded  from  his  usual  abode 
within  the  same  (or  as  the  case  may  be),  with  design  to  defraud 
his  creditors,  as  the  deponent  verily  believes. 

Sworn  and  subscribed,  June  1,  "|  James  Wills. 

1860,  before  V 

James  Davis,  Prothonotary.     J 


2.  Affidavit  in  a  case  of  one  not  an  Inhabitant. 

Pp.  353,  354,  pi.  1,  2.     13  June  1S36,  P.  L.  608. 

Chester  county,  ss. 

James  Wills,  above  named,  being  duly  sworn,  says,  that  the 
said  John  Gregg  is  indebted  to  him  in  the  sum  of  four  hundred 
dollars,  for  goods  sold  and  delivered  at  his  request  (or  as  the 
case  may  be) ;  that  the  said  John  Gregg  has  not  become  an  in- 
habitant of  this  Commonwealth,  and  has  confined  himself  (or 
"  concealed  himself  elsewhere,"  as  the  case  may  be),  within  the 
county  to  avoid  the  service  of  process  and  defraud  his  creditors, 
as  the  deponent  verily  believes. 

Sworn  and  subscribed,  June  1,  ^  James  Wills. 

A.  D.  1860,  before  V 

James  Davis,  Prothonotary.     J 


DOMESTIC   ATTACHMENT. 


323 


3.  Suggestion  and  Affidavit  of  another  Creditor. 

P.  354,  pi.  6.     13  June  1836,  P.  L.  609. 

_.  _„         -   In  the  Court  of  Common   Pleas  of   Chester 

James  Wills  )      ^ 

f       County. 

^'  \  Of  January  Term,  1860.     No.  10. 

John  Gregg.  I  ^        ^.     r^^    , 

-^  Domestic  Attachment. 

Thomas  Robb,  a  creditor  of  the  above-named  John  Gregg, 
suggests  his  name  on  the  Record  in  the  above  case  to  prosecute 
said  writ. 

George  Boyd, 
To  James  Davis,  Esquire,  Attorney  for  Thomas  Robb. 

Prothonotary.  February  1,  1860. 

Chester  county,  ss. 

Thomas  Robb,  above  named,  being  duly  sworn,  says,  that  the 
said  John  Gregg  is  indebted  to  him  in  the  sum  of  two  hundred 
dollars,  for  goods  sold  and  delivered  at  his  request  (or  as  the 
case  may  be),  as  he  verily  believes. 

Sworn  and  subscribed,  February  1,  'j  Thomas  Robb. 

A.  D.  1860,  before  V 

James  Davis,  Prothonotary.  J 


4.  Petition  for  Sale  of  Perishable  Goods. 

p.  354,  pi.  7.     13  June  1836,  P.  L.  609. 


James  Wills  1 

V. 


In  the  Court   of  Common   Pleas  of  Chester 


County, 
r  Of  January  Term,  1860.     No.  10. 
Domestic  Attachment. 
To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  said  County  of  Chester  : 

The  petition  of  Thomas  Robb,  Respectfully  represents. 
That  he  is  a  creditor  of  the  above-named  John  Greyer,  and 
that  by  virtue  of  the  writ  issued  in  the  above  case,  the  Sheriflf 


324  DOMESTIC   ATTACHMENT. 

of  Chester  County  did,  on  the  tenth  day  of  January  instant, 
attach  in  the  hands  of  Enoch  Rex,  one  hundred  bushels  of 
apples,  of  the  goods  and  chattels  of  said  John  Gregg,  which  said 
apples  are  liable  to  perish  before  the  time  arrives  when  the 
trustees  appointed  under  the  above  writ  are  authorized  to  sell 
the  same  :  The  petitioner  therefore  prays  the  court  to  order  the 
Sheriff  of  said  county  to  sell  said  apples,  and  receive  and  pay 
over  the  money  arising  from  such  sale,  according  to  law. 

And  he  will,  &c. 

Thomas  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


5.  Petition  to  Dissolve  Attachment. 

p.  355,  pi.  12.     13  June  1S36,  P.  L.  615. 

..  In  the  Court  of  Common  Pleas  of  Chester 
James  Uills  |      ^ 

f       County. 

^-  (  Of  January  Term,  1860.     No.  10. 

John  Gregg,  j  -p,        ,■     \^.    \        . 
Domestic  Attachment. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
above  named : 

The  petition  of  John  Gregg,  the  above-named  defendant, 
Respectfully  represents. 

That  he  is  an  inhabitant  of  the  Commonwealth  of  Pennsyl- 
vania, but  that  the  other  allegations  on  which  the  above-stated 
attachment  is  founded  are  untrue ;  that  the  petitioner  is  not 
indebted  to  the  plaintiff  in  the  sum  of  four  hundred  dollars  for 
goods  sold  and  delivered,  or  in  any  other  sum,  or  for  any 
other  cause  whatsoever ;  and  that  he  has  not  absconded  from 
his  usual  abode  in  said  Commonwealth  with  design  to  defraud 
his  creditors,  as  in  the  plaintiff's  affidavit  filed  in  said  case 
is  alleged.  The  petitioner  further  showing,  that  no  final 
decree  of  distribution  has  been  made  in  said  case,  prays  the 
Court  to  grant  a  rule  upon  the  said  James  Wills  to  show 
cause  why  the  said  attachment  should  not  be  dissolved,  and 


DOMESTIC   ATTACHMENT.  325 

also  that  the  Court  will  make  an  order  staying  all  further  pro- 
ceedings by  the  trustees  under  said  attachment. 

And  he  will,  &c. 

John  Gkegg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


6.  Appeal  to  Supreme  Court. 

p.  355,  pi.  16.     13  June  1836,  P.  L.  615. 

In  the  Court  of  Common  Pleas  of  Chester 

County. 

T         in'  r    Of  January  Term,  1860.     No.  10. 

John  Gregg.  |    ^         .    i  ' 

Domestic  Attachment. 


James  Wills 

V 


June  1,  1860,  John  Gregg,  the  above-named  defendant,  ap- 
peals to  the  Supreme  Court  for  the  Eastern  District  of  Penn- 
sylvania, from  the  definitive  decree  of  the  Court  of  Common 
Pleas  in  the  above  case. 

John  Gregg. 

Chester  county,  ss. 

John  Gregg,  above  named,  being  duly  sworn,  says  that  the 
above  appeal  is  not  intended  for  delay. 

Sworn  and  subscribed,  June  1,     ^  John  Gregg. 

1860,  before  V 

James  Davis,  Prothonotary.  j 

Chester  county,  ss. 

We,  John  Gregg,  the  above-named  appellant,  Enoch  Rex  and 
John  Robb,  all  of  the  County  of  Chester,  acknowledge  ourselves 
to  be  indebted  to  James  Wills,  the  above-named  plaintiff,  in 
the  sum  of  one  thousand  dollars  (the  sum  directed  by  the  Court 
of  Common  Pleas  aforesaid),  to  be  levied  of  our  goods  and 
chattels,  lands  and  tenements  respectively,  and  to  be  void  upon 


326 


DOMESTIC   ATTACHMENT. 


condition  that  tlie  said  John  Gregg  shall  prosecute  his  appea 
aforesaid  "with  eifect. 

Taken  and  acknowledged  June  1,  >^  John  Gregg, 

A.  D.  1860,  before  f  Enoch  Rex, 

Townsend  Haines,  [  John  Robb. 

President  of  said  Court.         ^ 


James  Wills 

V. 

John  Gregg. 


7.  Affidavit  of  Trustees. 

P.  355,  pL  17.     13  June  1836,  P.  L.  610. 

.  In  the  Court  of  Common  Pleas  of  Chester 

I         County. 

j  Of  January  Term,  1860.     No.  10. 

^  Domestic  Attachment. 


Chester  county,  ss. 

George  Boyd,  Job  Rees  and  Seth  Jones,  appointed  trustees 
of  the  estate  of  the  defendant  under  the  above  Domestic  At- 
tachment, being  severally  duly  sworn,  say,  that  they  will  well 
and  truly  execute  the  trust  reposed  in  them,  to  the  best  of 
their  skill  and  understanding. 

Sworn  and  subscribed  before  me,  ^  George  Boyd, 

a  Justice  of  the  Peace  of  said   I  Job  Rees, 

county,  January  10,  1860.     |  Seth  Jones. 

H.  Fleming,  J.  P.  ^ 


James  Wills 

V. 

John  Gregg. 


8.  Bond  of  Trustees. 

P.  355,  pi.  19.    13  June  1836,  P.  L.  610. 

In  the  Court  of  Common  Pleas  of  Chester 
'         County. 
\    Of  January  Term,  1860.     No.  10. 


Domestic  Attachment. 
Know  all  men  by  these  presents,  that  we,  George  Boyd,  Job 


DOMESTIC   ATTACHMENT. 


32T 


Rees  and  Seth  Jones,  appointed  Trustees  under  tlie  above-stated 
Domestic  Attachment,  Noah  Welsh  and  Abel  Lea  of  the  County 
of  Chester,  are  held  and  firmly  bound  unto  the  Commonwealth  of 
Pennsylvania,  in  the  sum  of  two  thousand  dollars,  lawful  money 
of  the  United  States,  to  be  paid  to  the  Commonwealth,  her  cer- 
tain attorney  and  assigns,  to  which  payment  well  and  truly  to 
be  made,  we  do  bind  ourselves  jointly  and  severally,  our  heirs, 
executors  and  administrators,  firmly  by  these  presents  :  Sealed 
with  our  seals,  dated  the  tenth  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty. 

The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  George  Boyd,  Job  Rees  and  Seth  Jones,  shall  duly 
execute  the  above-mentioned  trust,  then  this  obligation  shall  be 
void,  or  else  be  and  remain  in  full  force  and  virtue. 

^  George  Boyd,  [l.  s.] 

Job  Rees,         [l.  s.] 

^  Seth  Jones,      [l.  s.] 

Noah  Welsh,  [l.  s.] 

J  Abel  Lea,        [l.  s.] 


Sealed  and  delivered  in  the 
presence  of 

James  Davis, 
William  Marshall. 


9.  Summons  to  Persons  to  be  Examined. 


p.  356,  pi.  25.     13  June  1836,  P.  L.  611. 


James  Wills 


I 


In  the  Court  of  Common  Pleas  of  Chester 

County. 

(  Of  January  Term,  1860.     No.  10. 
John  Gregg.  J  -p.        ^.    ;r^^    , 

Domestic  Attachment. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  James  Robb  and  Abel 
Lea  ;  Greeting :  You  and  each  of  you  are  hereby  summoned  to 
be  and  appear  before  the  undersigned.  Trustees  under  the  above- 
stated  Domestic  Attachment,  at  the  house  of  Enoch  Rex  in  the 
borough  of  West  Chester,  on  the  first  day  of  March  next,  at 
ten  o'clock  in  the  forenoon  of  said  day,  to  be  examined  on  oath 


328  DOMESTIC    ATTACHMENT. 

or  affirmation,  toucliing  the  real  and  personal  estate  of  the  above- 
named  defendant  and  such  other  matter  as  the  said  Trustees 
are  authorized  to  inquire  of  by  virtue  of  the  Act  of  Assembly 
in  such  case  made  and  provided :  Witness  the  hands  of  the  said 
Trustees  the  tenth  day  of  February,  a.  d.  1860. 

George  Boyd, 
Job  Rees, 
Seth  Jones, 

Trustees. 


10.  Comviitment  of  Person  refusing  to  he  Examined,  ^c. 

p.  356,  pi.  26.     13  June  1836,  P.  L.  612. 

In  the   Court  of  Common  Pleas  of  Chester 
County. 


James  Wills  ^ 


J         ^^  (Of  January  Term,  1860.     No.  10. 

Domestic  Attachment. 
Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  said 
county,  and  the  keeper  of  the  prison  of  said  county  ;  Greeting : 

Whereas  James  Robb  of  said  county  was  duly  summoned  to 
attend  before  the  undersigned  Trustees,  under  the  above-stated 
Domestic  Attachment,  at  the  house  of  Enoch  Rex  in  the 
borough  of  West  Chester  in  said  county,  on  this  first  day  of 
March,  a.  D.  one  thousand  eight  hundred  and  sixty,  to  be  ex- 
amined upon  oath  or  affirmation  touching  such  matters  as  the 
Trustees  were  authorized  by  law  to  inquire  of,  and  the  said 
James  Robb  having  appeared  before  said  Trustees  in  accordance 
with  said  summons,  refused  to  be  sworn  (or  "refused  to  attend" 
or  "  having  been  sworn,  refused  to  make  answers  to  the  ques- 
tions" or  "  interrogatories,"  then  and  there  administered  to  him 
by  and  on  behalf  of  said  Trustees,  as  the  case  may  be) :  These 
are  therefore  to  command  you,  the  said  Sheriff,  to  take  the  said 
James  Robb  and  convey  him  to  the  said  prison,  and  you,  the 
keeper  of  the  same  prison,  to  receive  the  said  James  Robb  and 


DOMESTIC   ATTACHMENT.  329 

detain  him  until  he  shall  submit  to  be  examined  as  aforesaid : 
And  for  so  doing  this  shall  be  their  sufficient  warrant.  Wit- 
ness the  hands  of  the  said  Trustees,  this  first  day  of  March, 
A.  D.  one  thousand  eight  hundred  and  sixty. 

George  Boyd, 
Job  Rees, 
Seth  Jones. 


11.  Bond  to  Release  Person  Committed. 

p.  356,  pi.  27.     13  June  1836,  P.  L.  612. 

\In  the   Court  of  Common   Pleas  of  Chester 
County. 


V. 


I  Of  January  Term,  1860.     No.  10. 


Domestic  Attachment. 

Know  all  men  by  these  presents,  that  we,  James  Robb,  Noah 
Welsh  and  Abel  Lea,  are  held  and  firmly  bound  unto  the  Com- 
monwealth of  Pennsylvania,  in  the  sum  of  one  thousand  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  Com- 
monwealth, her  certain  attorney  and  assigns,  to  which  payment 
well  and  truly  to  be  made,  we  do  bind  ourselves  jointly  and 
severally,  our  heirs,  executors  and  administrators,  firmly  by 
these  presents  :  Sealed  with  our  seals,  dated  the  first  day  of 
March,  A.  D.  one  thousand  eight  hundred  and  sixty : 

Whereas  the  above-bounden  James  Robb,  having  been  duly 
summoned  to  attend  before  George  Boyd,  Job  Rees  and  Seth 
Jones,  Trustees  under  the  above-stated  Domestic  Attachment, 
on  the  first  day  of  March  aforesaid,  to  be  examined  upon  oath 
or  aflBrmation  touching  such  matters  as  the  said  Trustees  were 
authorized  by  law  to  inquire  of,  and  the  said  James  Robb  hav- 
ing appeared  before  the  same  Trustees  in  accordance  with  said 
summons,  and  having  refused  to  be  sworn  or  affirmed  (or  as 
the  case  may  be),  was  committed  to  the  prison  of  Chester 
County  and  there  detained  by  virtue  of  the  warrant  of  the 
said  Trustees,  and  is  desirous  of   being  enlarged  therefrom, 


330 


DOMESTIC    ATTACHMENT. 


upon  giving  bail  according  to  the  Act  of  Assembly  in  such  case 
made  and  provided  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  James  Robb,  shall  appear  at  the  next  Court  of  Com- 
mon Pleas  of  Chester  County,  to  be  holden  for  said  County  of 
Chester,  and  then  and  there  answer  all  such  interrogatories  as 
shall  be  exhibited  to  him  under  the  direction  of  said  Court,  and 
abide  all  orders  which  shall  be  made  by  said  Court  on  behalf  of 
the  said  Trustees,  then  this  obligation  to  be  void,  or  else  to  be 
and  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in  the  ^ 
presence  of 

James  Davis, 
William  Marshall. 


James  Robb,  [l.  s.] 
Noah  Welsh,  [l.  s.] 
Abel  Lea.       [l.  s.] 


12.   Order  to  Deliver  Boohs,  ^c. 


James  Wills 


p.  356,  pi.  28.     13  June  1836,  p.  L.  612. 

In  the   Court  of  Common  Pleas  of  Chester 
I       County. 

John   Grego.  J  ^f  January  Term,  1860.     No.  10. 
Domestic  Attachment. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  James  Robb ; 
Greeting : 

Whereas,  subsequently  to  the  above-stated  attachment  being 
executed,  it  hath  been  discovered  that  you  have  a  certain  day- 
book or  book  of  original  entries  (or  as  the  case  may  be,  describ- 
ing the  books,  effects,  &c.,  with  reasonable  certainty),  belonging 
to  the  above-named  defendant  John  Gregg,  you  are  hereby 
required  to  deliver  the  said  book  (or  as  the  case  maybe),  to  the 
undersigned.  Trustees  under  the  above  attachment,  or  either  of 
them,  on  or  before  the  first  day  of  March  next.     Witness  the 


DOMESTIC    ATTACUMENT.  331 

hands  of  the  said  trustees,  the  tenth  day  of  February,  A.  D. 

one  thousand  eight  hundred  and  sixty. 

George  Boyd, 
Job  Rees, 
Seth  Jones. 


13.    Warrant  of  Seizure. 

p.  356,  pi.  30.     13  June  1836,  P.  L.  612. 

„^        ^  In   the  Court  of   Common   Pleas  of  Chester 
James  Wills  )      ^ 

[       County. 

^'  (Of  January  Term,  1860.     No.  10. 

John  Gregg. J  t.        .-     a.,    i 

•^  Domestic  Attaciiment. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriflf  of  said 
county,  Greeting : 

Whereas  the  undersigned,  trustees  under  the  above-stated 
attachment,  have  been  informed  that  certain  goods  and  effects 
of  the  said  John  Gregg,  the  defendant  in  said  attachment,  and 
books  of  account  and  papers  relating  to  his  estate,  are  reputed 
to  be  and  are  in  the  house  of  said  defendant  (or  as  the  case 
may  be),  situate,  &c.  (describe  it).  These  are  therefore  to 
command  you  to  go  to  the  said  house  (or  as  the  case  may  be), 
of  the  said  John  Gregg,  and  in  the  day-time  break  open  the 
same,  and  any  doors,  trunks  or  chests  of  the  defendant  therein, 
and  seize  such  goods,  effects,  books  of  account  and  papers,  and 
deliver  the  same  to  the  undersigned  trustees  aforesaid  for  the 
benefit  of  the  creditors  of  the  said  John  Gregg  ;  for  so  doing 
this  shall  be  your  sufficient  warrant.  Witness  the  hands  and 
seals  of  the  said  trustees,  the  tenth  day  of  March,  A.  D.  one 
thousand  eight  hundred  and  sixty. 

George  Boyd,  [l.  s.] 
Job  Rees,  [l.  s.]  . 

Seth  Jones,      [l.  s.] 


332  EJECTMENT. 


EJECTMENT. 
1.  Notice  of  Tenant  to  Landlord. 

p.  364,  pi.  2.     21  March  1772,  1  Sm.  L.  372, 

James  Wills  ^  In  the  Court  of  Common   Pleas   of  Chester 

V.  V      County. 

John  Gregg.  J  Of  January  Term,  1860.     No.  2. 

To  Enoch  Rex  : 

Sir, — You  are  hereby  notified  that  a  writ  of  ejectment  in  the 
above  suit  to  recover  possession  of  the  premises  in  the  Town- 
ship of  Penn  in  said  county,  in  my  possession  and  holden  by 
me  as  your  tenant,  has  this  day  been  delivered  to  me. 

Yours,  &c. 

January  1,  1860.  John  Gregg. 


2.  Petition  of  Landlord  to  become  a  Party. 

p.  364,  pi.  3.     21  March  1772,  1  Sm.  L.  372. 

T  ,Tr         -s  In   the  Court  of   Common   Pleas  of  Chester 

James  Wills  ^ 

(       County. 

^''  (  Of  January  Term,  1860.     No.  2. 

John  Gregg.  )  ^.  -^  ' 

'  Ejectment. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  said  County  of  Chester  : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 

That  he  is  the  landlord  of  the  above-named  defendant,  John 
Gregg,  who  holds  possession  of  the  premises  for  which  the  writ 
in  the  above  case  has  been  issued  by  demise  from  the  petitioner, 
and  who  has  appeared  to  the  said  writ.  The  petitioner  there- 
fore prays  the  Court  to  suffer  him  to  make  himself  a  defendant 
in  the  same  by  joining  with  the  said  John  Gregg. 

And  he  will,  &c. 

Enoch  Rex. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


EJECTMENT.  333 

S.  Petition  of  Landlord  to  Defend  after  Judgment  hy  Default. 

p.  364,  pi.  3.     21  March  1772,  1  Sm.  L.  372. 

T  ,Tn-        ^  In  the  Court  of   Common    Pleas  of  Chester 

James  Wills  )      ^ 

f       County. 

T        ^A  (Of  January  Term,  1860.     No.  2. 

John  Gregg.  I  ^.  -^  ' 

^  Ejectment. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  the  said  County  of  Chester  ; 

The  petition  of  Enoch  Rex,  Respectfully  represents, 

That  he  is  the  landlord  of  the  above-named  defendant,  John 
Gregg,  who  holds  possession  of  the  premises  for  which  the  writ 
in  the  above  case  has  been  issued  by  demise  from  the  petitioner ; 
that  the  said  John  Gregg  has  neglected  and  refused  to  appear 
to  said  writ,  and  that  judgment  has  been  signed  in  said  suit  for 
want  of  such  appearance ;  that  the  petitioner  desires  to  appear 
by  himself  to  said  writ :  He  therefore  prays  the  Court  to  permit 
him  so  to  do,  and  to  order  a  stay  of  execution  in  said  judgment 
until  the  Court  shall  make  further  order  therein. 

And  he  will,  &c. 

Enoch  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


4.  Petition  of  Alienee  to  become  Party. 

p.  364,  pi.  3.     21  March  1772,  1  Sm,  L.  372. 

T       «  117-        ^  In  the  Court  of  Common   Pleas  of  Chester 
James  Wills  )      ^ 

I       County. 

John  Gregg.  )  ^^  ^^^^-^  Term,  1860.    No.  2. 
•^  Ejectment. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 

Pleas  above  named  : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 

That  the   above-named  defendant,   John   Gregg,  holds  the 

possession  of  the  premises  for  which  the  writ  in  the  above  case 


834  ESTREPEMENT. 

has  been  issued  under  a  demise  for  the  term  of  five  years  from 
the  first  day  of  April  last,  from  George  Robb,  who  owned  the 
same  in  fee  simple ;  that  the  said  George  Robb,  on  the  first  day 
of  May  last,  and  before  the  issuing  of  said  writ,  conveyed  his 
reversion  in  the  said  premises  to  the  petitioner  in  fee  (or  as  the 
case  may  be),  and  that  the  title  of  the  petitioner  is  connected 
to  and  consistent  with  the  possession  of  the  said  defendant  who 
has  appeared  to  said  writ : 

The  petitioner  therefore  prays  the  Court  to  suffer  him  to 
make  himself  defendant  in  the  said  suit  by  joining  with  the  said 
John  Gregg. (a) 

And  he  Will,  &c. 

Enoch  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


ESTREPEMENT. 
1.  Precipe  and  Affidavit  generally, 

p.  366,  pi.  11.     2  April  1803,  4  Sm.  L.  89. 

,  ,,^        -,  In  the  Court  of   Common   Pleas  of   Chester 

James  \\ills|     ^^^^^^^ 

T        ^  (See  No.  12.     To  January  Term,  1860. 

John  Gregg.  }  ^.  j  ^ 

■^  Jiijectment. 

Issue  writ  of  Estrepement  against  the  defendant  to  prevent 
waste  and  destruction  of  the  premises  for  which  the  above- 
mentioned  Ejectment  is  depending. 

Yours,  &c. 
William  Marshall, 
Plaintifi"s  Attorney. 
To  James  Davis,  Esq.,  January  1,  1860. 

Prothonotary. 

(a)  See  McClay  v.  Benedict,  4  R.  424. 


ESTREPEMENT.  335 

Chester  county,  ss. 

James  Wills,  the  plaintiff  above  named,  being  duly  sworn 
says,  That  John  Gregg,  the  defendant,  has  committed  and  is 
committing  waste  and  destruction  of  and  in  the  premises  for 
which  the  said  action  of  Ejectment  is  depending,  by  cutting 
down  the  timber  trees  on  said  premises  (or  as  the  case  may  be). 


Sworn  and  subscribed,  January  ^ 
1,  A.  D.  1860,  before 
Townsend  Haines, 
Prest.  Judge  of  said  Court 


James  Wills. 


2.  Precipe  and  Affidavit,  Working   Quarries,  ^-c,  and  Certi- 
ficate of  Counsel. 

P.  1007,  pL  2.     27  March  1833,  P.  L.  99. 

In  the  Court  of  Common   Pleas  of  Chester 
James  Wills  |     ^^^^^^^ 

^'  (  See  No.  2.     To  January  Term,  1860.    Eject- 

JoHN  Gregg.  ) 

^       ment. 

Issue  writ  of  Estrepement  against  the  defendant  to  prevent 
waste  and  injury  of  the  premises,  for  which  the  above-men- 
tioned action  of  Ejectment  is  depending. 

Yours,  &c. 

William  Marshall, 
Plaintiff's  Attorney. 
May  10,  1860. 
Chester  county,  ss. 

James  Wills,  the  plaintiff  in  the  above  suit,  being  duly  sworn 
says :  That  the  defendant  has  committed  and  is  committing 
waste  and  injury  of  the  premises,  for  which  the  above-men- 
tioned suit  of  Ejectment  has  been  instituted,  by  working  quar- 
ries in  the  same,  which  quarries  were  opened  previously  to  the 
institution  of  said  suit ;  that  the  term  next  succeeding  that  to 
which  the  writ  in  said  suit  was  made  returnable,  has  commenced ; 


336  ESTREPEMENT. 

and  that  tlie  title  and  riglit  of  possession  to  said  premises  is 
vested  in  the  deponent,  as  he  verily  believes.(a) 

Sworn  and  subscribed,  May  10,  -\  James  Wills. 

1860,  before  ( 

Townsend  Haines,  ( 

Prest.  Judge  of  said  Court. 
I,  William  Marshall,  Attorney  for  the  plaintiff  in  the  above 
case,  do  certify  my  opinion  that  the  title  and  rights  of  posses- 
sion to  the  premises  for  which  the  above-stated  suit  of  Ejectment 
has  been  instituted  is  vested  in  the  plaintiff. 

William  Marshall. 
May  10,  1860. 


3.  Affidavit  of  Defendant. 

p.  1007,  pL  2.     27  March  1833,  P.  L.  99. 

--  In  the  Court  of  Common  Pleas   of  Chester 
James  Wills  )      ^ 

(       Countv- 


V. 


(  Of  May  Term,  1860.     No.  2. 


John  Gregg.  J  -n  , 

■^  Estrepement. 

Chester  county,  ss. 

John  Gregg,  the  defendant,  being  duly  sworn  says,  that  the 
title  and  right  of  possession  to  the  premises  mentioned  in  the 
above-stated  writ  of  Estrepement,  are  vested  in  him  and  not  in 
the  plaintiff,  as  he  verily  believes,  and  that  the  quarries  worked 
by  him  in  the  same  were  opened  previously  to  the  institution 
of  the  suit  No.  2,  to  January  Term,  in  1860,  in  the  same 
Court  for  the  recovery  of  the  possession  of  said  premises. 

Sworn  and  subscribed,  June  1,  ^  John  Gregg, 

a.  d.  1860,  before  V 

H.  Fleming,  J.  P.  j 

(a)  See  Brown  v.  O^Brien,  4  P.  L.  J.  454  ;  as  to  character  of  affidavit. 


ESTREPEMENT.  337 

4.  Recognisance  of  Defendant  to  Dissolve. 

p.  1007,  pi.  2.     27  March  1833,  P.  L.  99. 

--   In  the  Court  of  Common  Pleas  of  Chester 
James  Wills     )      ^ 

f       County. 

^'  I  Of  May  Term,  1860.     No.  2. 

John  Gregg,     j  t^  , 

■^  JiiStrepement. 

Chester  county,  «s. 

We,  John  Gregg,  the  defendant  above  named,  James  Robb 
and  Enoch  Rex,  all  of  the  County  of  Chester,  acknowledge 
ourselves  to  be  indebted  to  James  Wills,  the  plaintiff  above 
named,  in  the  sum  of  one  thousand  dollars,  to  be  levied  of  our 
goods  and  chattels,  lands  and  tenements,  respectively ;  and  to 
be  void  upon  condition  that  the  said  John  Gregg|will  indemnify 
the  said  plaintiff,  James  Wills,  against  any  damage  and  loss  by 
the  further  working  the  quarries  mentioned  in  said  writ  of  Es- 
trepement  (or  on  such  other  terms  and  conditions  as  the  Court 
may  order). 

Taken  and  acknowledged,  July^  John  Gregg, 

1,  A.  D.  1860,  in  open  Court.  (  James  Robb, 

James  Davis,  C  Enoch  Rex. 

Prothonotary.      •' 


5.  Petition  of  Landlord  to  stay  Waste. 

p.  1008,  pi.  3.     29  March  1822,  7  Sm.  L.  620. 

I  In  the  Court  of  Common  Pleas  of  Chester 

,         ^  f      County. 

John  Gregg.    J  *^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County: 

The  petition  of  James  Wills  of  said  county.  Respectfully 
represents, 

That  on  the  first  day  of  January,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  fifty-seven,  he  leased  to  John 

Gregg  a  certain  messuage  and  tract  of  land,  of  which  he  is  the 

owner,  situated,  &c.  (describing  it),  for  the  term  of  three  years, 

22 


338  ESTKEPEMENT. 

commencing  from  the  first  day  of  April  then  next  ensuing, 
reserving  the  rent  in  said  lease  mentioned ; — ■which  demise  yet 
continues  (or  "  which  demise  has  expired,  and  due  notice  has 
been  given  to  the  said  John  Gregg  to  leave  said  premises  accord- 
ing to  the  provisions  of  the  Act  of  Assembly  in  such  case 
made  and  provided" — as  the  case  may  be),  and  that  the  said 
John  Gregg  being  in  possession  of  said  premises  has  committed 
(or  "  threatens  to  commit")  waste  to  the  freehold  by  cutting 
down  timber  trees  on  said  premises  (or  as  the  case  may  be). 
The  petitioner  therefore  prays  the  Court  to  order  the  Prothono- 
tai-y  of  said  Court  to  issue  a  writ  of  Estrepement  to  stay  waste 
of  said  premises. 

And  he  will,  &c., 

James  Wills. 
Chester  county,  ss. 

James  Wills,  above  named,  being  sworn  in  due  form  of  law 
says.  That  the  statements  of  the  foregoing  petition  are  true,  as 
he  verily  believes,  and  that  the  said  John  Gregg  has  committed 
waste  to  the  therein  mentioned  premises  (or  as  the  case  may 
be),  as  is  therein  set  forth. 

Sworn  and  subscribed,  March  ^  James  Wills. 

1,  1860,  before  l 

Henry  Fleming,  J.  P.      J 


6.  Affidavit  when  Waste  is  Threatened. 

p.  lOOS,  pi.  3.     29  March  1822,  7  Sm.  L.  520. 

Chester  county,  ss. 

James  Wills,  the  above-named  petitioner,  being  duly  sworn 
says.  That  in  consequence  of  the  threat  of  the  said  John  Gregg, 
he  verily  believes  the  waste  mentioned  in  said  petition  will  be 
committed,  unless  restrained  by  law. 

Sworn  and  subscribed,  March  ^  James  Wills. 

1,  1860,  before  V 

H.  Fleming,  J.  P.        J 


ESTKEPEMENT.  339 

7.   Order  to  Issue  Writ  against  Tenant. 

p.  lOOS,  pi.  3.     29  March  1822,  7  Sin.  L.  520. 

In  the  Court  of  Common  Pleas  of  Chester 


James  Wills     ,       ., 

f       County 


V. 


-r         r      ^  I  Upon  petition  of  James  Wills,  Landlord, 

JOHN  \jREGG.        I         „       -,j.   .        _  _. 

^  tor  Writ  01  iiStrepement. 
March  1,  1860.  On  the  petition  of  said  James  Wills  and  it 
appearing  to  the  Court  that  the  facts  therein  set  forth  bring  him 
within  the  provisions  of  the  first  section  of  the  Act  of  the 
twenty-second  day  of  March,  1822,  to  prevent  waste  in  certain 
cases,  the  Prothonotary  is  ordered  to  issue  a  writ  of  Estrepe- 
ment  to  stay  waste  to  the  premises  in  said  petition  mentioned. 


8.    Writ  against  Tenant,  ^c. 

P.  1008,  pi.  3.     29  March  1822,  7  Sm.  L.  520. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  : 

To  the  Sheriff  of  the  said  County  of  Chester  and  John 
Gregg ;  Greeting : 

Whereas  by  the  law  of  the  land  no  waste  or  strip  ought  to  be 
committed  in  any  lands  or  tenements  by  any  tenant  during  his 
possession  of  premises  demised  to  him,  and  whereas  the  said 
James  Wills,  on  the  first  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-seven,  leased  to 
the  said  John  Gregg,  a  certain  messuage  and  tract  of  land  of 
which  he  is  the  owner,  situate,  &c.  (describing  it),  for  the  term 
of  three  years  from  the  first  day  of  April  then  next  ensuing, 
reserving  the  rent  in  said  lease  mentioned,  which  demise  yet 
continues  (or  "  which  demise  has  expired  and  due  notice  has 
been  given  to  the  said  John  Gregg  to  leave  said  premises,  accord- 
ing to  the  Act  of  Assembly  in  such  case  made  and  provided"), 
and  the  said  John  Gregg  is  in  possession  of  the  premises  :  And 
now,  on  the  part  of  the  said  James  Wills,  we  have  received 
complaint  that  the  said  John  Gregg  and  his  servants  and  others 


340  ESTREPEMENT. 

employed  by  him,  very  great  waste  and  strip  in  the  lands  and 
wood  standing  and  growing  thereon  daily  do  commit  (set  out 
particular  waste  as  mentioned  in  petition),  and  do  not  desist,  to 
the  grievous  damage  and  hurt  of  the  said  James  Wells,  contrary 
to  the  law  of  the  land,  and  to  the  form  of  the  statutes  in  such 
case  made  and  provided.  We,  being  willing  that  the  said  laws 
and  statutes  aforesaid  be  inviolably  observed,  do  command  you 
the  said  Sheriff,  that  you  strictly  prohibit  the  said  John  Gregg 
and  his  servants  and  others  employed  by  him,  to  commit  or  do 
any  waste  or  strip  in  the  lands  or  wood  aforesaid  contrary  to 
the  law  and  statutes  aforesaid,  and  restrain  the  said  John  Gregg, 
his  servants  and  others  employed  by  him,  that  they  commit  not 
nor  do  any  such  waste  as  aforesaid.  We  command  you,  the 
said  John  Gregg,  that  you  do  not  nor  cause  to  be  done  any 
waste  or  strip  in  the  lands  or  wood  aforesaid,  as  you  will  answer 
the  contrary  at  your  and  their  peril  by  whom  you  shall  cause 
waste  or  strip  to  be  done  as  aforesaid. 

-  Witness  the  Honorable  Townsend  Haines,  President  Judge 
of  our  Court  of  Common  Pleas  of  West  Chester,  for  the  County 
of  Chester  aforesaid,  the  first  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty. 

James  Davis, 
Prothonotary. 


9.  Petitio7i  of  Purchaser  at  Sheriff's  Sale. 

p.  1008,  pi.  3.     29  iMarch  1822,  7  Sm.  L.  520. 

I  In  the  Court  of  Common  Pleas  of  Chester 
V.  r       r^ 

T         f^  I       County. 

John  Gregg,     j  -^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents :  That 
by  virtue  of  a  writ  of  Venditioni  Exponas,  issued  out  of  said 
Court,  a  certain  messuage  and  tract  of  land  situate,  &c.  (de- 
scribing it),  was  exposed  to  sale  by  the  Sherifi"  of  said  county 


ESTREPEMENT.  341 

on  the  tentli  day  of  May  last,  as  the  property  of  John  Gregg  ;  that 
the  petitioner  was  at  the  said  sale  declared  by  the  said  Sheriff 
the  highest  bidder  for  the  said  premises,  and  became  and  "was 
the  purchaser  thereof:  That  the  said  John  Gregg  is  in  posses- 
sion of  said  premises  and  has  committed  waste  to  the  freehold, 
by  cutting  down  timber  on  the  same  (or  as  the  case  may  be): 
The  petitioner  therefore  prays  the  Court  to  order  the  prothono- 
tary  of  said  Court  to  issue  a  writ  of  Estrepement  to  stay  waste 
to  said  premises. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  as  in  former  precedent.) 


10.  Petition  of  Mortgagee  to  Stay  Waste. 

p.  1008,  pi.  3,  6.     29  March  1822,  7  Sm.  L.  520.     22  April  1850,  P.  L.  549. 


James  Wills 

V 


In  the    Court  of  Common  Pleas  of  Chester 

T         "^  (       County. 

John  Gregg.  J  "^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester  : 

The  petition  of  James  Wills,  Respectfully  represents. 

That  John  Gregg  on  the  first  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty,  executed  and 
delivered  to  the  petitioner,  a  mortgage  on  a  messuage  and  tract 
of  land  situate,  &c.,  to  secure  to  the  petitioner  the  payment  of 
one  thousand  dollars  with  its  interest,  in  one  year  from  the 
date  thereof,  which  mortgage  is  unsatisfied  and  said  premises  are 
still  bound  by  the  same ;  that  said  premises  are  now  subject  to 
be  sold  by  a  Levari  Facias  on  said  mortgage  (or  as  the  case  may 
be),  that  the  said  John  Gregg  is  in  possession  of  said  premises 
and  has  committed  waste  to  the  freehold  by  cutting  down  timber 
trees  (or  as  the  case  may  be). 

The  petitioner  therefore  prays  the  Court  to  order  the  Pro- 


342  ESTREPEMENT. 

thonotarj  of  said  Court  to  issue  a  writ  of  Estrepement  to  stay 
waste  on  the  same. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  as  in  preceding  form.) 


11.  Petition  of  Judgment  Creditor  after  Condemnation  to  Stay 

Waste. 

p.  1008,  pi.  3.     29  March  1822,  7  Sm.  L.  520. 

I  In  the  Court  of  Common  Pleas  of  Chester 
V  y 

T         A  I       County. 

John  Gregg,  j  *^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  James  Wills,  Respectfully  represents :  That 
on  the  first  day  of  January  last,  he  recovered  a  judgment  in 
this  Court  upon  an  award  of  arbitrators  (or  as  the  case  may  be), 
against  John  Gregg  for  the  sum  of  five  hundred  dollars,  which 
judgment  bound  a  certain  messuage  and  tract  of  land  belonging 
to  the  said  John  Gregg,  situate,  &c.  (describing  it),  and  that 
the  said  premises  have  been  condemned  by  inquisition  and  are 
subject  to  be  sold  by  a  writ  of  Venditioni  Exponas  (or  as  the 
case  may  be) ;  that  the  said  John  Gregg  is  in  possession  of  the 
said  premises  and  has  committed  waste  to  the  freehold  by  cut- 
ting down  timber  trees  (or  as  the  case  may  be). 

The  petitioner  therefore  prays  the  Court  to  order  the  Pro- 
thonotary  of  the  said  Court  to  issue  a  writ  of  Estrepement,  to 
stay  waste  in  the  same. 

And  he  -will,  &c. 

James  Wills. 

(Affidavit  as  in  preceding  form.) 


ESTREPEMENT.  343 

12.  Petition  of  Remainderman  to  Stay  Waste. 

p.  1008,  pi.  5.     10  April  1843,  P.  L.  472. 

James  Wills  1  t      ,     ^  „  ^  t^,  „  ^, 

f  in  the  Court  of   Common   Pleas  of  Chester 

T  ^  1       County. 

John  Gregg.  J  "^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Grregg  is  tenant  for  life  of  a  certain  messuage  and 
tract  of  land  situate  in,  &c.  (describing  it),  and  that  the  peti- 
tioner is  interested  in  the  estate  in  remainder  therein,  being  the 
owner  in  fee  of  said  remainder :  That  the  said  John  Gregg  is 
in  possession  of  said  premises  and  has  committed  waste  to  the 
freehold  by  cutting  down  timber  trees  thereon  (or  as  the  case 
may  be) :  The  petitioner  therefore  showing  to  the  Court  by  a 
copy  of  notice  and  proof  of  service  thereof,  hereto  annexed,  that 
five  days'  notice  has  been  given  to  the  said  John  Gregg,  notify- 
ing him  to  desist  from  the  commission  of  waste  as  aforesaid, 
prays  the  Court  to  order  the  Prothonotary  of  said  Court  to 
issue  a  writ  of  Estrepement  to  stay  waste  in  said  premises. 

And  he  will,  &c. 

James  Wills. 

(Affidavit  as  in  former  precedent.) 


13.  Notice  to  Tenant  for  Life  to  desist  from  Waste. 

P.  1008,  pi.  5.     10  April  1848,  P.  L.  472. 

To  John  Greora; : — 

You  are  hereby  notified  to  desist  from  the  commission  of 
waste  by  the  cutting  down  timber  trees  (or  as  the  case  may  be), 
on  a  certain  messuage,  &c.  (describing  it),  of  which  you  are  now 
in  the  possession  as  tenant  for  life,  and  of  which  the  under- 
signed is  interested  as  owner  of  the  remainder  in  fee. 

May  1,  1860.  James  Wills. 


344  ESTREPEMEXT. 

14.  Petition  of  Creditor  to  Stay  Waste  on  Land  of  a  Decedent. 

p.  lOOS,  pi.  7.     22  April  1S50,  P.  L.  549. 

(  In  the  Court  of  Common  Pleas  of  Chester 

/-I  T>  r      County. 

George  Robb.  J  *^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg,  of  the  Township  of  Penn  in  said  county, 
lately  died  intestate,  seised  in  his  demesne  as  of  fee,  of  and  in  a 
certain  messuage,  &c.  (describing  it) ;  that  at  the  time  of  his 
decease,  the  said  John  Gregg  was  indebted  to  the  petitioner  in 
the  sum  of  one  thousand  dollars,  for  goods  sold  and  delivered  to 
him  at  his  request  (or  as  the  case  may  be),  and  that  the  per- 
sonal estate  of  said  decedent  is  not  sufficient  to  pay  his  just 
debts  ;  that  George  Robb  is  in  possession  of  the  above-mentioned 
real  estate  .of  the  decedent,  and  has  committed  waste  to  the 
freehold  by  cutting  timber  trees  (or  as  the  case  may  be),  and 
that  in  consequence  of  such  waste  the  claim  of  the  creditors  of 
the  decedent  will  be  endangered  and  their  collection  defeated 
in  whole  or  in  part. 

The  petitioner  therefore  prays  the  Court  to  order  the  Pro- 
thonotary  of  said  Court  to  issue  a  writ  of  Estrepement  to  stay 
waste  to  said  real  estate. 

And  he  will,  &c. 

James  Wills. 

(Affidavit  as  in  former  precedent.) 


15.  Petition  of  Tenant  of  Decedent  to  Dissolve,  <^c. 

P.  1008,  pi.  7.     22  April  1850,  P.  L.  549. 

-s  In  the  Court  of  Common  Pleas  of  Chester 
James  \\  ills   |      ^ 

I       County. 

''•  (Of  May  Term,  1860.     Xo.  10. 

George  Robb.  )  ^  , 

-^  XiStrepement. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

of  Chester  County : 


ESTREPEMENT.  345 

The  petition  of  George  Robb,  Respectfully  represents, 
That  he  is  in  possession  of  a  certain  messuage,  &c.,  late  the 
estate  of  John  Gregg,  deceased ;  that  upon  the  petition  of 
James  Wills,  a  creditor  of  the  said  decedent,  a  writ  of  Estrepe- 
ment  "was  on  the  first  day  of  May  last,  issued  out  of  this  Court 
to  stay  waste  alleged  to  have  been  committed  by  the  petitioner 
to  said  real  estate :  The  petitioner  further  represents,  that  by 
a  contract  made  with  the  said  John  Gregg  in  his  lifetime,  and 
dated  the  first  day  of  January  last,  he  purchased  of  the  said 
John  Gregg  certain  timber  trees  as  set  out  in  the  same,  and 
that  he  has  cut  no  other  timber  trees  than  those  in  said  contract 
mentioned  (or  as  the  circumstances  may  be,  showing  why  he 
has  committed  the  waste  or  denying  it),  and  that  he  is  desirous 
to  enter  into  security  to  indemnify  the  creditors  of  said  dece- 
dent against  any  damage  or  loss  which  may  be  occasioned  by 
the  commission  of  waste  on  said  decedent's  premises  as  afore- 
said :  The  petitioner  therefore  prays  the  Court  upon  receiving 
such  security,  or  on  such  other  terms  and  conditions  as  the 
Court  may  consider  equitable  and  just,  to  dissolve  said  Estrepe- 
ment. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

And  he  will,  &c. 

George  Robb. 


James  "Wills 

V. 

George  Robb. 


16.  Bond  of  Tenant  of  Decedent. 

p.  1008,  pi.  7.     22  April  1850,  P.  L.  549. 

^     In  the  Court  of  Common  Pleas  of  Chester 
I         County. 

Of  May 'Term,  1860.     No.  10. 
Estrepement. 
Chester  county,  ss. 

Know  all  men  by  these  presents,  that  we,  George  Robb, 
Enoch  Rex  and  Seth  Jones,  all  of  said  county,  are  held  and 
firmly  bound  unto  the  Commonwealth  of  Pennsylvania  in  the 
sum  of  one  thousand  dollars,  lawful  money  of  the  United  States, 
to  be  paid  to  the  Commonwealth,  her  certain  attorney  or  assigns, 
to  which  payment  well  and  truly  to  be  made  we  bind  ourselves 


346  ESTREPEMENT. 

jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents ;  sealed  with  our  seals,  dated  the  first 
day  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty : 

Whereas  a  writ  of  Estrepement,  as  above  stated,  was  on  the 
first  day  of  April  last,  issued  out  of  the  Court  of  Common  Pleas 
of  Chester  county,  on  the  application  of  James  AYills,  a  creditor 
of  John  Grregg  late  of  the  Township  of  Penn  in  said  county,  de- 
ceased, to  stay  waste  to  a  certain  messuage,  &c.  (describing  it), 
the  estate  of  said  deceased,  in  possession  of  said  George  Robb  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
George  Robb  shall  indemnify  the  creditors  of  the  said  deceased, 
against  damage  or  loss  which  may  be  occasioned  by  the  com- 
mission of  waste  on  said  decedent's  premises  by  the  said  George 
Robb,  then  this  obligation  to  be  void,  or  else  to  be  and  remain 
in  full  force  and  virtue. 

Sealed  and  delivered  in  •>.  George  Robb,    [l.  s,] 

the  presence  of  (  Enoch  Rex,       [l.  s.] 

Abel  Lea,  j  Seth  Jones.       [l.  s.] 

John  Todd.         ^ 


17.  Petition  hy  Plaintiff  in  Foreign  Attachment  to  Stay  Waste 
in  Land  Attached. 

P.  1009,  pi.  10.     8  May  1855,  P.  L.  533. 

In  the  Court  of  Common  Pleas  of  Chester 


James  Wills 

V  (         County. 

John  Gregg.  J     ^^  J^^-^^T  Term,  1860.     No.  10. 
Foreign  Attachment  in  Case. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
above  named  : 

The  petition  of  James  Wills,  the  plaintiff  above  named,  Re- 
spectfully represents, 

That  the  above  Foreign  Attacnment  has  been  executed 
upon  a  messuage  and  tract  of  land  of  the  defendant,  situate, 
&c.  (describing  it),  which  premises  are  in  the  possession  of 
one  Enoch  Rex :  that  the  said  Enoch  Rex  has  committed 
waste    to    the   freehold    by   cutting   down    timber   trees    (or 


ESTREPEMENT.  347 

as  the  case  may  be).  The  petitioner  therefore  prays  the  Court 
to  order  the  Prothonotary  of  this  Court  to  issue  a  writ  of  Estrepe- 
ment  to  stay  waste  in  the  premises. 

And  he  will,  &c., 

James  Wills. 
(Affidavit  as  in  former  precedents  of  Estrepement.) 


18.  Petition  of  Plaititiff  in  Foreign  Attachment  to  Stay  Waste 
in  Land  hound  hy  3Iortgage,  ^c,  attached. 

P.  493,  pi.  10.     P.  1009,  pi.  10.     8  May  1855,  P.  L.  532. 

>^    In   the   Court  of   Common   Pleas  of   Chester 

James  Wills         /^      , 
[        County. 

^-  (    Of  January  Term,  1860.     No.  10. 

John  Gregg.  J  ^      ■       a  ^.^    i        ^  ■    n 

l^oreign  Attachment  in  Case. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
aforesaid : 

The  petition  of  James  Wills,  the  plaintiff  above  named, 
Respectfully  represents, 

That  Enoch  Rex  is  a  debtor  to  John  Gregg,  the  defendant, 
by  a  mortgage  dated  the  first  day  of  April,  A.  D.  one  thousand 
eight  hundred  and  fifty,  upon  a  messuage,  &c.  (describing  it), 
to  secure  the  payment  of  one  thousand  dollars,  with  interest, 
in  one  year  from  the  date  thereof  ("or  judgment" — describing 
it — as  the  case  may  be) ;  that  the  said  Enoch  Rex  is  a  non-resi- 
dent and  cannot  be  personally  served  with  notice  or  process  as 
garnishee,  and  that  the  above-stated  Foreign  Attachment  has 
been  executed  by  attaching  and  levying  the  same  on  the  above- 
described  real  estate,  on  which  the  said  mortgage  ("  or  judg- 
ment") is  a  lien  and  encumbrance,  according  to  the  Act  of  Assem- 
bly in  such  case  made  and  provided.  The  petitioner  further  re- 
presents, that  the  said  real  estate  is  in  the  possession  of  James 
Robb,  and  that  he  has  committed  waste  to  the  freehold  by  cut- 
ting timber  trees  (or  as  the  case  may  be).  The  petitioner  there- 
fore prays  the  Court  to  order  the  Prothonotary  to  issue  a  writ 
of  Estrepement  to  stay  waste  in  the  same. 

And  he  will,  &c., 

James  Wills. 

(Affidavit  as  in  former  precedent.) 


348  ELECTIONS. 


ELECTIONS. 

1.  Petition  to  Contest  Election  of  County  or  Township  Officers. 

p.  392,  pi.  186.     2  July  ISP-O,  P.  L.  554. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Sessions 
of  Chester  County : 

The  petition  of  the  undersigned  (more  than)  twenty  qualified 
electors  of  said  county,  Respectfully  represents, 

That  the  officers  of  the  General  Election,  held  for  said  county 
on  the  tenth  day  of  October  last,  have  certified  and  returned 
that  at  said  election,  John  Gregg  received  five  thousand  votes 
for  the  office  of  Sheriff  of  said  county,  and  James  "Wills  re- 
ceived forty-nine  hundred  votes  for  the  said  office  of  Sheriff: 
The  petitioners  complain  that  the  said  election  was  undue  (or 
"the  return  of  said  election  is  false,"  or  both,  as  the  case  may 
be) ;  and  that  the  said  James  Wills  was  duly  elected  Sheriff 
of  said  county,  and  not  the  said  John  Gregg ;  and  the  petition- 
ers set  forth  the  following  facts  on  which  their  complaint  is 
founded,  by  which  it  will  appear  that  the  said  James  Wills  was 
elected  Sheriff  as  aforesaid,  viz.  : 

1st. 

2d,  &c. 

(Set  out  facts.) 

The  petitioners  therefore  pray  the  Court  to  hear  and  deter- 
mine said  complaint. 

And  they  will,  &c., 

Enoch  Rex, 

Seth  Jones,  &c.,  &c. 

Chester  county,  ss. 

Enoch  Rex  and  Seth  Jones,  two  of  the  above-named  petition- 
ers, being  duly  sworn,  say,  that  the  facts  stated  in  the  foregoing 
petition  are  true  to  the  best  of  their  knowledge  and  belief. 

Sworn  and  subscribed,  Novem-^  Enoch  Rex, 

ber  1,  1860,  before  >  Seth  Jones. 

H.  Fleming,  J.  P.      J 


EMBEZZLEMENT.  349 

2.  Petition  to  Change  Place  of  Election. 

p.  386,  pi.  143.     20  April  1854,  P.  L.  419. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  said  county :  The  petition  of  the  undersigned  qualified 
electors  of  the  election  district  composed  of  the  Township  of 
Penn  in  said  county,  Respectfully  represents.  That  the  con- 
venience of  the  voters  of  said  district  would  be  promoted  by  the 
change  of  the  place  of  holding  the  general,  special  and  township 
elections  for  said  district,  from  the  public-house  of  Enoch  Rex, 
where  said  elections  are  now  held,  to  the  Union  School  House 
in  said  district.  The  petitioners,  therefore,  showing  that  they 
are  one-third  of  the  qualified  voters  of  said  district,  pray  the 
Court  to  order  an  election,  in  said  election  district,  on  the  ques- 
tion of  the  change  of  the  place  of  holding  said  elections  as  above 
mentioned. 

And  they  will,  &c. 

Seth  Jones,  &c.,  &c. 

(Affidavit  of  truth  of  petition  by  one  or  more  to  be  appended.) 


EMBEZZLEMENT. 

1.  Petition  for  Removal  of  County    Treasurer  on   Embezzle- 
ment, ^-c. 

p.  213,  pi.  25.     27  May  1841,  P.  L.  401. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Sessions 
of  the  County  of  Chester  : 

The  petition  of  the  undersigned  Commissioners  of  the  said 
county.  Respectfully  represents. 

That  they  believe  that  John  Doc,  County  Treasurer  of  said 


360  EMBEZZLEMENT. 

county,  is  embezzling,  wasting,  using  and  improperly  managing 
the  public  moneys  committed  to  bis  cbarge,  and  set  fortb  tbe 
following  facts  as  tbe  ground  of  said  complaint,  viz.  : 
(Set  out  facts  witb  particularity.) 
Tbe  petitioners  tberefore  pray  tbe  Court,  if  tbe  Court  believe 
the  said  complaint  to  be  well  founded,  to  make  sucb  order  in 
accordance  witb  tbe  Act  of  Assembly  in  sucb  case  made  and 
provided  as  to  tbe  Court  shall  appear  just  and  proper  in  tbe 
premises. 

And  they  will,  &;c. 

Enoch  Rex,       ^ 
George  Jones,    V  Commissioners. 
James  Robb,     J 
(Affidavit  of  truth  of  facts  by  one  or  more  of  Commissioners 
to  be  appended.) 


2.  Petition  where  Security  of  County  Treasurer  is  insufficient. 

p.  213,  pi.  25.     27  May  1841,  P.  L.  401. 

To  the  Honorable,  tbe  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  County : 

Tbe  petition  of  tbe  undersigned  Commissioners  of  said  County, 
Respectfully  represents,  That  John  Doe  was,  at  tbe  General 
election  in  October  last,  duly  elected  County  Treasurer  of  said 
county,  and  gave  bond  to  the  County  of  Chester  with  Job 
Wills  and  Seth  Potts  as  his  sureties,  in  the  sum  of  twenty 
thousand  dollars,  conditioned  as  is  directed  by  the  Act  of  As- 
sembly in  such  case  made  and  provided,  and  took  upon  himself 
the  duties  of  said  office :  that  since  that  time  the  said  Job  Wills 
has  become  insolvent  and  has  assigned  bis  real  and  personal 
property  for  the  benefit  of  his  creditors  (or  as  the  case  may  be, 
setting  out  tbe  facts  showing  the  insufficiency  of  the  security). 

Tbe  petitioners  therefore  believing  from  tbe  insufficiency  of 
the  security  of  tbe  said  John  Doe,  as  County  Treasurer  afore- 
said, that  the  public  interests  are  likely  to  suffer,  pray,  if  the 
Court  believe  this  complaint  to  be  well  founded,  that  such 
order  may  be  made,  in  accordance  witb  the  Act  of  Assembly 


EQUITY.  351 

in  this  behalf  made  and  provided,  as  to  said  Court  shall  appear 
just  and  proper  in  the  premises. 

And  they  will,  &c. 

Enoch  Rex,      "| 

George  Jones,  V  Commissioners. 

James  Robb,     J 

(Affidavit  of  truth  of  petition  of  one  or  more  Commissioners 
to  be  appended.) 


EQUITY. 

1.  Bill  of  Discovery  against  Defendant  in  aid  of  Execution. 

Pp.  406,  407,  pi.  42,  48.    16  June  1836,  P.  L.  76.3,  764. 

James  Wills  '\  In  the  Court  of  Common   Pleas  of  Chester 

V.  V      County. 

John  Gregg.  J  In  Equity. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  sitting  in  Equity : 

James  Wills  above  named,  brings  this  bill  against  said  John 
Gregg,  and  thereupon  your  orator  complains  :  That  on  the  tenth 
day  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fifty-nine,  by  the  consideration  of  this  Court,  he 
recovered  in  said  Court  a  judgment  against  the  said  John 
Gregg,  No.  10,  to  July  Term,  in  the  year  aforesaid,  for  the 
sum  of  five  hundred  dollars ;  that  on  the  said  judgment — to 
October  Term  of  the  same  year,  No.  1 — a  writ  of  Fieri  Facias 
was  issued,  which  was  returned  nulla  bona  ;  that  the  amount 
now  actually  due  on  said  judgment  is  five  hundred  dollars ; 
your  orator  further  complains,  that  about  the  time  of  the  re- 
covery of  said  judgment,  the  said  John  Gregg  was  in  pos- 
session, as  owner,  of  a  large  stock  of  dry  goods,  groceries  and 
other  personal  property,  the  usual  contents  of  a  country  store, 
in  a  storehouse  occupied  by  him  in  the  Township  of  Penn  in 


352  EQUITY. 

the  County  of  Chester,  at  which  he  was  carrying  on  the  busi- 
ness of  a  storekeeper  (or  as  the  case  may  be) ;  and  that  there  is 
reason  to  believe  that  the  defendant  has  personal  estate,  where- 
with said  judgment  may  be  satisfied  :  Your  orator  further  com- 
plains that  the  defendant  has  closed  his  said  storehouse  and 
ceased  to  do  business  thereat,  that  said  goods  are  not  now  in 
said  house  and  the  said  personal  estate  has  been  removed  and 
concealed  by  the  defendant  (or  as  the  case  may  be) ;  and  that 
by  reason  of  said  removal  and  concealment,  your  orator  is  pre- 
vented from  having  execution  of  his  judgment. 

To  the  end  therefore,  that  the  defendant  may,  if  he  can,  show 
why  your  orator  should  not  have  the  relief  hereby  prayed,  and 
may  on  his  oath  and  according  to  the  utmost  of  his  knowledge, 
remembrance,  information  and  belief,  full,  true,  direct  and  per- 
fect answers  make  to  all  such  interrogatories  as  may  be  pro- 
pounded to  him  and  as  are  hereinafter  mentioned  and  set  forth, 
as  by  the  note  hereunder  written  he  is  required  to  answer,  that 
is  to  say  : 

1.  Whether  your  orator  did  not  on  the  tenth  day  of  June,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-nine, 
in  said  Court  of  Common  Pleas  of  Chester  County,  recover 
against  the  defendant  a  judgment  for  the  sum  of  five  hundred 
dollars,  and  whether  on  said  judgment  a  writ  of  Fieri  Facias  did 
not  issue  out  of  said  Court  to  October  Term  of  the  same  year  No. 
1,  which  was  returned  by  the  Sheriff  nulla  bona,  and  whether 
the  amount  actually  due  on  said  judgment  is  not  five  hundred 
dollars. 

2.  Whether,  &c. 

3.  Whether,  &c.  (adding  interrogatories  as  the  circumstances 
may  require). 

And  that  discovery  may  be  made  of  the  personal  estate  of 
the  defendant :  May  it  please  the  Court  to  award  the  Common- 
wealth's writ  of  Scire  Facias  to  the  Sherifi"  of  said  County  of 
Chester,  requiring  him  to  make  known  to  the  said  John  Gregg, 
that  he  be  and  appear  at  a  certain  time  to  be  appointed  by  the 
Court,  to  answer  this  bill,  and  full,  true,  direct  and  perfect 
answer  make  to  all  and  singular  the  interrogatories  herein  pro- 
pounded, and  further  to  stand  to,  abide  by  and  perform  such 
further  order,  direction  and  decree  as  to  the  Court  may  seem 


EQUITY.  353 

meet,  and  that  your  orator  may  have  such  further  and  other 
relief  as  equity  and  good  conscience  may  require. 

James  Wills, 
David  Bond, 

Solicitor  for  Plaintiff. 

Chester  county,  ss. 

James  Wills  being  duly  sworn,  says,  that  he  verily  believes 
the  facts  set  forth  in  the  said  bill  are  true. 

Sworn  and  subscribed,  April  "j  James  Wills. 

1,  1860,  before  V 

John  Evans,  J.  P.        J 
The  defendant  John  Gregg,  is  required  to  answer  the  inter- 
rogatories numbered  respectively,  1,  2,  8,  &c.  (stating  all  the 
numbers.) 

I  certify,  that  in  my  opinion  the  case  set  forth  in  this  bill  is 
of  such  a  nature  that  no  adequate  remedy  can  be  obtained  at 
law. 

David  Bond, 
April  1,  1860.  Plaintiff's  Solicitor. 


2.  Bill  of  Discovery  in  Aid  of  Execution  against  Defendant ^and 
Third  Person. 

Pp.  406,  407,  pL  42,  48.     16  June  1836,  P.  L.  763,  764. 

James  Wills  ^    In   the   Court   of    Common 

V.  V       Pleas  of  Chester  County. 

John  Gregg  and  Enoch  Rex.  J    In  Equity. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County,  sitting  in  Equity  : 

James  Wills,  above  named,  brings  this  bill  against  said  John 
Gregg  and  Enoch  Rex  : — and  thereupon  your  orator  complains 
that  on  the  tenth  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-nine,  by  the  consideration  of 
this  Court,  he  recovered  a  judgment  therein,  against  the  said 
John  Gregg,  No.  10,  to  July  Term,  in  the  year  aforesaid,  for 
28 


854  EQUITY. 

the  sum  of  five  hundred   dollars ;   that  on  said  judgment  to 
October  Term,  in  the  same  year,  a  writ  o^  Fieri  Facias  was  issued, 
•which  was  returned  nulla  bona  ;  that  the  amount  now  actually 
due  on  said  judgment  is  five  hundred  dollars.     Your  orator  fur- 
ther complains,  that  about  the  time  of  the  recovery  of  said 
judgment,  the  said  John  Gregg  was  in  possession  as  owner,  of 
a  large  stock  of  dry  goods,  groceries  and  other  personal  pro- 
perty, the  usual  contents  of  a  country  store  in  a  store-house 
occupied   by  him   in  the  Township   of  Penn,   in  the   County 
of  Chester,  at  which  he  was  carrying  on  business  as  a  store- 
keeper (or  as  the  facts  may  be),  and  that  there  is   reason  to 
believe  that  the  said  John  Gregg,  the  defendant  in  said  judg- 
ment, has  personal  estate  wherewith  the  same  may  be  satisfied. 
Your  orator  further  complains,  that  the  said  John  Gregg,  the 
defendant  aforesaid,  has  transferred  the  said  personal  estate  to 
the  said  Enoch  Rex,  who  has  now  possession  of  the  same,  and 
that  the  said  personal  estate  is  still  the  estate  of  the  said  John 
Gregg ;  that  by  reason  thereof  your  orator  is  prevented  from 
having  execution  of  his  said  judgment:  to  the  end  therefore 
that  the  defendants  in  this  bill  may,  if  they  can,  show  why  your 
orator  should  not  have  the  relief  hereby  prayed  and  may  on  their 
oath,  and  according  to  the  utmost  of  their  knowledge,  remem- 
brance, information  and  belief,  full,  true,  direct  and  perfect 
answer  make  to  all  such  interrogatories  as  may  be  propounded 
to  them  as  hereinafter  mentioned  and  set  forth,  as  by  the  note 
hereunder  written,   they  are  required  to   answer,   that  is   to 
say: 

1.  Whether  your  orator  did  not,  on  the  tenth  day  of  June, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
nine,  in  said  Court  of  Common  Pleas  of  Chester  County,  recover 
against  the  said  John  Gregg  a  judgment  for  the  sum  of  five 
hundred  dollars,  and  whether,  on  said  judgment,  a  writ  of 
Fieri  Facias  did  not  issue  out  of  said  Court  to  October  Term 
in  the  same  year,  which  was  returned  by  the  SheriflF  "  nulla 
bona,''  and  whether  the  amount  actually  due  on  said  judgment 
is  not  five  hundred  dollars. 

2.  Whether,  &c. 

3.  Whether,  &c.  (adding  interrogatories  as  the  circumstances 
may  require). 


EQUITY.  355 

And  that  discovery  may  be  made  of  the  personal  estate  of 
the  said  John  Grego;. 

May  it  please  the  Court  to  award  the  Commonwealth's  writ 
of  Scire  Facias  to  the  Sheriff  of  said  County  of  Chester, 
requiring  him  to  make  known  to  the  said  John  Gregg  and  Enoch 
Rex,  that  they  be  and  appear,  at  a  certain  time  to  be  appointed 
by  the  Court,  to  answer  this  bill,  and  full,  true,  direct  and  per- 
fect answer  make  to  all  and  singular  the  interrogatories  herein 
propounded,  and  further  to  stand  to,  abide  by  and  perform  such 
further  order,  direction  and  decree,  as  to  the  Court  may  seem 
meet,  and  that  your  orator  may  have  such  further  and  other 
relief  as  equity  and  good  conscience  may  require. 

James  Wills. 
David  Bond, 
Solicitor  for  Plaintiffs. 


Chester  county,  ss. 

James  Wills,  being  duly  sworn,  says,  that  he  verily  believes 
that  the  facts  set  forth  in  the  said  bill  are  true. 

Sworn  and  subscribed,  April  1,  ^  James  Wills. 

1860,  before  V 

John  Graves,  J.  P.      J 

The  defendants,  John  Gregg  and  Enoch  Rex,  are  required  to 
answer  the  interrogatories  numbered  1,  2,  3,  &c.  (stating  all 
the  numbers). 

I  certify,  that  in  my  opinion,  the  case  set  forth  in  this  bill  is 
of  such  a  nature  that  no  adequate  remedy  can  be  obtained  at 
law. 

David  Bond, 

April  1,  1860.  Plaintiff's  Solicitor. 


356  EQUITY. 

3.  Scire  Facias  against  Defendant  in  Execution  and   Third 
Person  on  Bill  of  Discovery. 

p.  407,  pi.  48.     16  June  1836,  P.  L.  764. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  : 
To  the  Sheriff  of  the  said  County  of  Chester,  Greeting : — 
Whereas,  James  Wills,  by  his  bill  filed  in  our  Court  of  Com- 
mon Pleas  of  the  said  County  of  Chester,  before  our  Judges 
thereof,  on  the  first  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  has  given  our  said  Court  to 
understand  and  be  informed,  that  on  the  tenth  day  of  June 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
nine,  he  recovered  a  judgment  in  said  Court  against  John  Gregg 
for  the  sum  of  five  hundred  dollars :  that  in  the  October  Term 
of  said  Court,  in  the  same  year,  a  writ  of  Fieri  Facias  was 
issued  upon  said  judgment,  to  which  writ  the  Sheriff  of  said 
county  did  return,  that  the  said  John  Gregg  had  no  goods  in 
his  bailiwick,  whereof  the  said  judgment  could  be  levied ;  that 
the  amount  actually  due  to  the  said  James  AVills  on  said  judg- 
ment was  five  hundred  dollars :  that  about  the  time  of  the 
recovery  of  said  judgment,  the  said  John  Gregg  was  in  posses- 
sion as  oTvnier,  of  a  large  stock  of  store  goods  and  that  there  is 
reason  to  believe  that  the  said  John  Gregg  has  personal  estate, 
wherewith  the  said  judgment  may  be  satisfied ;  that  the  said 
John  Gregg  has  transferred  the  said  personal  estate  to  Enoch 
Rex,  who  has  possession  of  the  same ;  that  the  said  personal 
estate  is  still  the  estate  of  the  said  John  Gregg,  and  that  by 
reason  thereof,  the  said  James  Wills  is  prevented  from  having 
execution  of  his  said  judgment ;  and  the  said  James  Wills  has 
besought  us  to  provide  him  a  proper  remedy,  whereby  discovery 
may  be  made  of  the  personal  estate  of  the  said  John  Gregg, 
and  we,  being  willing  that  what  is  just  in  this  behalf  should  be 
done,  according  to  the  form  of  the  Act  of  Assembly  in  such 
case  made  and  provided,  require  you  to  make  known  to  the 
said  Enoch  Rex,  that  he  be  and  appear  on  the  first  Monday  in 
May  next,  at  our  said  Court   of  Common  Pleas,  before   our 


EQUITY.  357 

Judges  thereof  at  West  Chester,  then  and  there  to  answer  said 
bill  and  all  such  interrogatories  as  shall  be  propounded  to  him, 
or  show  cause  why  he  should  not,  and  abide  the  judgment  of 
our  said  Court  in  the  premises.  Witness  the  Honorable  Town- 
send  Haines,  President  Judge  of  our  said  Court,  at  West  Ches- 
ter, the  first  day  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty. 

James  Davis, 

Prothonotary. 


4.  Bill  of  Discovery  in  aid  of  Issue  at  Laiv. 

p.  401,  pi.  3.     P.  402,  pi.  4.     16  June  1836,  P.  L.  789.     13  October  1840,  P.  L.  7. 

„^        -N  In  the  Court   of   Common  Pleas  of   Chester 
James  Wills  )      ^ 

f       County. 

^*  (  Of  May  Term,  1860.     No.  10. 

John  Gregg.  I  t^.    ,       , 
^  Jiijectment. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  Chester  County : 

James  Wills,  above  named,  brings  this  bill  against  John 
Gregg,  and  thereupon  your  orator  complains  that  the  defendant 
in  the  above-stated  action  of  Ejectment  now  depending  in  the 
said  Court  of  Common  Pleas,  in  which  your  orator  is  the  plain- 
tiff, for  the  recovery  of  a  tract  of  land,  mentioned  in  the  writ 
in  said  case  and  now  in  possession  of  the  defendant,  who  claims 
to  hold  said  land  by  virtue  of  a  deed  in  fee  simple  to  him,  the 
defendant,  for  the  same  from  Enoch  Kex,  now  deceased,  dated 
the  first  day  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty,  which  deed  was  recorded  on  the  same 
day  in  the  Recorder's  Ofiice  of  Chester  County,  in  Deed  Book 
W,  p.  40.  That  at  the  time  the  said  deed  was  delivered,  he, 
the  defendant,  executed  and  delivered  to  the  said  Enoch  Rex, 
a  certain  other  deed  bearing  even  date  therewith,  by  which  he, 
the  defendant,  declared  that  he  did  not  hold  the  said  land  in 
his  own  right  as  absolute  owner  thereof,  but  in  trust  for  the 
said  Enoch  Rex  during  liis  life,  in  the  manner  particularly  set 


358  EQUITY. 

out  in  the  last-mentioned  deed,  and  after  his  death  to  convey 
the  same  to  your  orator  in  fee, — that  upon  the  death  of  the 
said  Enoch  Rex,  the  defendant,  as  Executor  of  his  last  will  and 
testament,  obtained  possession  of  the  said  last-mentioned  deed, 
which  he  now  has  in  his  possession,  or  has  destroyed  and  refuses 
to  produce,  and  now  sets  up  the  said  deed  first  mentioned  as 
conveying  to  him  an  absolute  estate  in  said  tract  of  land,  with- 
out any  trust  whatsoever ;  and  your  orator  charges,  that  if  the 
said  deed  declaring  the  trust  aforesaid  were  produced,  the  truth 
of  the  matters  aforesaid  would  appear,  and  that  the  said  deed 
declaring  said  trust  and  the  said  matters  hereinbefore  set  forth, 
are  material  to  the  plaintiff  in  support  of  his  aforesaid  action. 
In  consideration  whereof,  and  forasmuch  as  your  orator  cannot 
have  discovery  of  the  matters  aforesaid,  except  in  a  Court  of 
Equity,  where  matters  of  this  kind  are  properly  cognisable  and 
discoverable : 

To  the  end,  therefore,  that  the  defendant  may,  if  he  can, 
show  why  your  orator  should  not  have  the  relief  prayed  for  and 
may,  on  his  oath  and  according  to  the  utmost  of  his  knowledge 
and  belief,  full,  true,  direct  and  perfect  answer  make  to  all  such 
of  the  several  interrogatories  hereinafter  mentioned  and  set 
forth,  as  by  the  note  hereunder  written  he  is  required  to  answer, 
that  is  to  say  : 

1.  Whether  the  defendant  does  not  claim  to  hold  the  land 
mentioned  in  the  writ  in  the  above-stated  action,  and  now  in  his 
possession  by  virtue  of  a  deed  in  fee  simple  for  the  same  from 
Enoch  Rex,  now  deceased,  which  deed  is  dated  on  the  first  day 
of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty,  and  recorded  on  the  same  day  in  the  Recorder's  Ofiice 
of  Chester  County,  in  Deed  Book  AY,  p.  40. 

2.  Whether,  &c. 

3.  Whether,  &c.  (adding  interrogatories  as  the  circumstances 
may  require).  And  that  discovery  may  be  made  of  the  matters 
set  forth  in  said  bill  and  interrogatories,  May  it  please  the 
Court  to  grant  a  rule  upon  the  defendant  to  answer  the  said  bill 
and  the  said  interrogatories,  and  produce  the  said  declaration 
of  trust  if  the  same  is  now  in  his  possession  or  power,  and  to 
set  forth  what  has  become  of  the  said  declaration  of  trust,  if  it 
is  not  now  in  his  possession  or  power,  and  whether  a  discovery 


EQUITY.  359 

of  tlie  matters  aforesaid  is  not  material  for  maintaining  your 
orator's  action  aforesaid,  and  to  stand  to  and  abide  by  and 
perform  sucli  further  order,  direction  and  decree  as  to  the  Court 
shall  seem  meet,  and  that  your  orator  may  have  such  further 
and  other  relief  as  equity  and  good  conscience  may  require. 

James  Wills. 
David  Bond, 

Plaintiff's  Solicitor. 
Chester  county,  ss. 

James  Wills,  above  named,  being  duly  sworn,  says,  that  he 
verily  believes  that  the  statements  set  forth  in  the  above  bill 
are  true. 

Sworn  and  subscribed,  April  1,  ^  James  Wills. 

1860,  before  V 

John  Graves,  J.  P.      j 
The  defendant,  John  Gregg,  is  required  to  answer  the  inter- 
rogatories numbered  1,  2,  3,  &c.  (stating  all  the  numbers). 

I  certify  that,  in  my  opinion,  the  case  set  forth  in  this  bill  is 
of  such  a  nature  that  no  adequate  remedy  can  be  obtained  at 
law. 

David  Bond, 

April  1,  1860.  Plaintiff's  Solicitor. 


5.  Bill  to  Perpetuate  Testimony. 

p.  400,  pL  1.     P.  402,  pi.  7.     16  June  1S36,  P.  L.  789.     13  October  1840,  P.  L.  7. 

James  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      County. 

John  Gregg.  J  In  Equity. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County,  sitting  in  Equity : 

James  Wills,  of  the  County  of  Chester,  brings  this  bill  against 
John  Gregg  of  the  same  county,  and  thereupon  your  orator 
complains   and  says,    that  George   Gregg  in  his  lifetime  was 


360  EQUITY. 

seised  in  his  demesne  as  of  fee,  of  a  certain  messuage  and  tract 
of  land  (describing  it),  and  that  in  or  about  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty  he  put  his  two 
sons,  Charles  Gregg  and  the  above-named  John  Gregg,  into 
possession  thereof,  each  of  them  to  occupy  a  separate  part  of 
the  same;  the  line  of  such  separation  being  designated  by  a 
hickory  tree,  then  marked  by  the  said  George  Gregg,  at  the 
east  end  thereof,  and  a  stone  placed  in  the  ground  at  the  west 
end  thereof;  that  the  said  Georo;e  Greoror  beino;  so  seised  of  the 
said  tract  of  land,  and  his  said  two  sons  being  in  possession 
thereof  as  aforesaid,  died  having  made  his  last  will  and  testa- 
ment, dated  the  first  day  of  October,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty,  and  proved  on  the  twen- 
tieth day  of  the  same  month ;  that  by  said  will  he  did,  amongst 
other  things,  devise  as  follows,  viz. :  "  I  give  and  devise  to  my 
son  John  Gregg  that  part  of  my  farm  in  Penn  Township,  now 
in  his  possession,  to  hold  to  him  and  his  heirs  for  ever ;  and  to 
my  son  Charles  Gregg  that  part  of  my  said  farm  now  in  his 
possession,  to  hold  to  him  and  his  heirs  for  ever,  the  said  parts 
being  separated  from  each  other  by  a  line  marked  by  me  at  the 
time  my  said  sons  took  possession  of  said  farm ;"  that  the  said 
Charles  Gregg,  by  deed  dated  the  first  day  of  April  last,  con- 
veyed to  your  orator  in  fee  that  part  of  said  tract  of  land  de- 
vised to  him  as  aforesaid,  and  that  there  is  no  written  evidence 
of  the  location  of  the  line  between  the  part  of  said  tract  devised 
to  the  said  John  Gregg  and  the  part  conveyed  to  your  orator 
as  aforesaid,  other  than  that  contained  in  the  will  of  the  said 
George  Gregg  as  above  stated ;  and  your  orator  charges  that 
he  has  requested  the  said  John  Gregg  to  enter  into  a  written 
agreement  with  him  establishing  the  location  of  said  line  be- 
tween them  in  accordance  with  the  aforesaid  marks,  but  the  said 
John  Gregg  refuses  to  enter  into  such  agreement,  and  falsely 
alleges  that  the  said  line  is  in  a  difi'erent  place  from  that  which 
your  orator  charges  it  to  be.  And  your  orator  charges,  that 
there  are  divers  aged  persons  now  living,  particularly  one  Seth 
Jones  and  one  Abel  Lea,  residing  in  said  County  of  Chester, 
who  have  knowledge  of  the  fixing  of  the  said  line,  and  of  the 
possession  of  the  said  parts  of  the  tract  of  land  aforesaid,  in 


EQUITY.  S61 

accordance  therewith  during  the  lifetime  of  the  said  George 
Gregg,  and  since  his  death,  and  other  matters  and  things  tend- 
ing to  show  and  prove  that  the  location  of  said  line  is  where 
your  orator  charges  the  same  to  be ;  and  that  if  the  said  wit- 
nesses should  die,  your  orator  would  be  deprived  of  the  benefit 
of  their  testimony.  And  your  orator  respectfully  insists,  that 
he  is  entitled  to  have  the  several  witnesses  who  can  prove  the 
matters  and  things  aforesaid,  examined  thereto  in  perpetuam 
rei  memoriam,  and  to  have  their  testimony  preserved  and  per- 
petuated in  this  Honorable  Court,  and  to  have  full  benefit  of 
such  witnesses  as  against  the  said  John  Gregg,  upon  any  trial 
or  trials  at  law  which  may  be  had  with  regard  to  the  location  of 
the  aforesaid  line,  and  to  have  one  or  more  commission  or  com- 
missions (if  necessary),  issued  out  of  this  Honorable  Court  for 
the  examination  of  said  witnesses : 

In  consideration  whereof,  and  forasmuch  as  your  orator  is 
unable  at  present  to  have  the  said  witnesses  examined  in  chief 
on  any  trial  at  law  respecting  the  matters  aforesaid,  and  may 
by  death  or  otherwise  be  deprived  of  the  benefit  of  their  tes- 
timony : 

To  the  end  therefore  that  the  defendant  may,  if  he  can,  show 
why  your  orator  should  not  have  the  relief  hereby  prayed,  and 
may  on  his  oath,  and  according  to  the  utmost  of  his  knowledge, 
remembrance,  information  and  belief,  full,  true,  direct  and  per- 
fect answer  make  to  such  of  the  several  interrogatories  herein- 
after mentioned  and  set  forth,  as  by  the  note  hereunder  written 
he  is  required  to  answer,  that  is  to  say : 

1.  Whether  the  said  George  Gregg  was  not  in  his  lifetime 
seised  in  his  demesne  as  of  fee,  of  a  certain  messua";e  and  trar* 
of  land  (describing  it  as  in  bill),  and  in  or  about  the  year  of  o 
Lord  one  thousand  eight  hundred  and  twenty,  the  said  Gee 
Gregg  did  not  put  his  two  sons,  Charles  Gregg  and  Johu 
Gregg,  into  possession  of  the  same,  each  to  occupy  a  separate 
part  thereof. 

2.  Whether,  &c. 

3.  Whether,  &c.  (adding  interrogatories  as  the  circumstances 
may  require).  And  that  your  orator  may  have  the  several 
witnesses  who  can  prove  any  of  the  matters  and  things  in  said 


362  EQUITY. 

bill  set  forth,  examined  in  regard  thereto  in  perpetuam  rei 
memoriam,  and  that  their  testimony  may  be  preserved  and  per- 
petuated in  this  Honorable  Court,  so  that  your  orator  may  have 
the  full  benefit  thereof  against  the  said  John  Gregg,  upon  any 
trial  or  trials  at  law,  which  may  be  had  in  regard  to  the  loca- 
tion of  the  aforesaid  line :  And  that  your  orator  may  have  one 
or  more  commission  or  commissions  issued  out  of  this  Honor- 
able Court  for  the  examination  of  the  said  witnesses  : 

May  it  please  the  Court,  to  grant  unto  your  orator,  the  Com- 
monwealth's writ  of  Subpoena,  to  be  directed  to  the  said  John 
Gregg,  thereby  commanding  him  at  a  certain  day  and  under  a 
certain  pain  therein  limited,  personally  to  be  and  appear  before 
this  Honorable  Court,  and  then  and  there,  full,  true,  direct  and 
perfect  answer  make  to  all  and  singular  the  premises,  and  fur- 
ther to  stand  to  and  abide  by  and  perform  such  further  order, 
direction  and  decree,  as  to  the  Court  may  seem  meet,  and  that 
your  orator  may  have  such  further  and  other  relief  as  equity 
and  good  conscience  may  require. 

James  Wills. 
David  Bond, 

Plaintiff's  Solicitor. 

Chester  County,  ss. 

James  Wills  being  duly  sworn,  says,  that  the  statements  in 
the  foregoing  bill  are  correct  and  true  as  he  verily  believes. 

Sworn  and  subscribed,  April  1,  ^  James  Wills. 

1860,  before  V 

John  Graves,  J.  P.      J 

The  defendant  John  Gregg,  is  required  to  answer  the  inter- 
rogatories numbered  respectively,  1,  2,  3,  &c.  (stating  all  the 
numbers). 

I  certify,  that  in  my  opinion  the  case  set  forth  in  this  bill  is 
of  such  a  nature  that  no  adequate  remedy  can  be  obtained  at 
Law. 

David  Bond, 

April  1, 1860.  Plaintiff's  Solicitor. 


EQUITY.  363 


6.  Bill  to  Perpetuate  Testimony  of  Lost  Record. 

p.  857,  pi.  19.     P.  401,  pi.  2.     p.  402,  pi.  4.     25  April  1850,  P.  L.  572.     13  October 

1840,  P.  L.  7. 

James  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      County. 

John  Gregg.  J  In  Equity. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  said  County  of  Chester  : 

James  Wills,  of  said  county,  brings  this  bill  against  John 
Gregg,  and  therefore  your  orator  complains  and  says.  That  on 
the  tenth  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-nine,  by  the  consideration  and  judgment 
of  this  Court,  your  orator  recovered  judgment  against  said  John 
Gregg,  for  the  sum  of  two  hundred  dollars,  besides  costs  on  a 
bond  dated  on  the  said  tenth  day  of  March,  "with  warrant  of  at- 
torney to  confess  judgment  with  condition  to  said  bond  annexed 
for  the  payment  of  the  sum  of  one  hundred  dollars,  in  one  year 
from  the  date  thereof  with  interest  for  the  same,  and  that  said 
judgment  was  entered  of  record  in  this  Court  in  Judgment 
Docket  H,  at  page  500,  and  that  said  judgment  and  said  sum 
of  one  hundred  dollars  are  wholly  unsatisfied  and  unpaid : 

Your  orator  further  says,  that  the  said  page  of  the  Judgment 
Docket  H  aforesaid,  has  been  removed  and  taken  from  said 
Docket,  and  the  record  of  said  judgment  thereby  lost  and  de- 
stroyed and  the  said  John  Gregg  refuses  to  have  said  judgment 
replaced  on  the  records  of  this  Court.  In  consideration  whereof 
and  to  the  end  that  your  orator  may  have  the  relief  hereby 
prayed,  and  may  have  proof  of  said  record  according  to  the  form 
of  the  Act  of  Assembly  in  such  case  made  and  provided,  so  that 
it  may  have  the  same  legal  operation  as  the  original  record 
would  have  had,  and  that  the  said  John  Gregg  may,  upon  his 
oath,  according  to  the  best  and  utmost  of  his  knowledge  and 
belief,  full,  true,  perfect  and  distinct  answers  make  to  all  and 
every  the  matters  aforesaid,  and  of  such  of  the  several  interro- 
gatories herein  mentioned  and  set  forth,  as  by  the  notice  here- 
under written,  he  is  required  to  answer,  that  is  to  say : 

1.  Whether  your  orator  did  not  recover  a  judgment  against 


364  EQUITY. 

the  defendant,  on  the  tenth  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-five,  for  the  sum  of 
two  hundred  dollars,  on  a  bond  dated  on  the  said  tenth  day  of 
March,  with  warrant  of  attorney,  to  confess  judgment  with 
condition  thereto  annexed  for  the  payment  of  one  hundred 
dollars,  in  one  year  from  the  date  thereof  with  interest, 

2.  Whether  the  said  judgment  was  not  entered  on  record  in 
the  Court  of  Common  Pleas  of  Chester  County  in  Judgment 
Docket  H,  at  page  500. 

3.  Whether  the  said  judgment  and  the  sum  of  one  hundred 
dollars  are  not  wholly  unsatisfied  and  unpaid. 

4.  Whether  the  said  page  of  the  said  Judgment  Docket  has 
not  been  removed  and  taken  from  said  docket  and  the  record 
of  said  judgment  thereby  lost  and  destroyed  : 

And  that  your  orator  may  be  at  liberty  to  examine  the  wit- 
nesses who  may  be  able  to  testify  touching  the  several  matters 
and  things  alleged  by  your  orator  in  said  bill,  and  that  their 
evidence  may  be  recorded  and  perpetuated  in  this  Court  for 
the  benefit  of  your  orator ;  and  that  one  or  more  commission 
or  commissions  may  issue  for  the  examination  of  such  wit- 
nesses : 

May  it  please  the  Court  to  grant  unto  your  orator,  the  Com- 
monwealth's writ  of  Subpoena  to  be  directed  to  the  said  John 
Gregg,  commanding  him  at  a  certain  day  and  under  a  certain 
pain  to  be  therein  limited,  personally  to  be  and  appear  before 
this  Court,  and  there  full,  true,  direct  and  perfect  answer  make 
to  all  and  singular  the  premises,  and  further  to  stand  to,  per- 
form and  abide  by  such  further  order  and  direction  therein,  as 
to  the  Court  shall  seem  meet. 

And  your  orator  will, 

James  Wills. 
David  Bond, 

Plaintifi"s  Solicitor. 
Chester  county,  ss. 

James  Wills,  being  duly  sworn,  says,  that  the  statements  in 

the  foregoing  bill  are  correct  and  true  as  he  verily  believes. 

Sworn  and  subscribed.  May  1,  ^  James  Wills. 

1860,  before  V 

John  Graves,  J.  P.      J 


EQUITY.  365 

The  defendant,  John  Gregg,  is  required  to  answer  the  inter- 
rogatories respectively,  1,  2,  3,  4. 

I  certify  that  in  my  opinion  the  case  set  forth  in  this  bill  is 
of  such  a  nature  that  no  adequate  remedy  can  be  obtained  at 
law. 

David  Bond, 

May  1,  1860.  Plaintiff's  Solicitor. 

Issue  Subpoena  in  this  case,  returnable  to  the  next  rule  day 
but  one,  viz. :  the  first  Monday  in  June  next. 

David  Bond, 
James  Davis,  Esq.,  Plaintiff's  Solicitor. 

Prothonotary.  May  1,  1860. 


7.  Bill  for  Account  in  PartnersJiip. 

p.  777,  pi.  9.     p.  402,  pi.  4.     13  October  1840,  P.  L.  7. 

James  Wills"]  In  the  Court   of  Common  Pleas  of   Chester 

V.  V      County. 

John  Gregg.  J  In  Equity. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  said  County  of  Chester,  sitting  in  Equity : 

James  Wills  of  said  county  brings  this  his  bill  against  John 
Gregg  of  the  same  place  : 

And  thereupon  your  orator  complains  and  says,  that  on  or 
about  the  first  day  of  April,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-five,  the  complainant  and  the  said 
John  Gregg  entered  into  partnership  in  the  business  of  grocers, 
by  agreement  in  writing,  signed  by  your  orator  and  the  defend- 
ant, which  writing  was  as  follows,  viz.  (set  it  out,  or  "to  the 
purport  and  effect  following,  that  is  to  say") :  as  by  the  said 
agreement  appears,  and  that  in  pursuance  of  said  agreement 
your  orator  and  the  defendant  each  contributed  and  paid  to  the 
partnership  stock,  the  sum  of  one  thousand  dollars ;  and  your 
orator  further  shows  that  the  said  copartnership  business  has 
been  carried  on  by  him  and  the  defendant  in  pursuance  of  the 
said  agreement,  until  the  first  day  of  April  last,  when  the  said 


366  EQUITY. 

partnership  was  dissolved  by  its  limitation,  as  is  in  said  agree- 
ment stipulated :  and  your  orator  further  shows  that  he  has  in 
all  things  conformed  to  the  conditions  and  stipulations  in  said 
asrreement  contained ;  and  that  the  defendant  has  since  the 
commencement  of  said  partnership  and  during  the  continuance 
thereof,  been  in  the  habit  of  receiving  large  sums  of  money, 
drawing  checks  and  making  promissory  notes  on  the  partnership 
account  and  has  not  duly  and  regularly  entered  said  transac- 
tions in  the  partnership  books  of  account,  and  that  your  orator 
has  been  kept  in  ignorance  of  the  state  of  the  transactions  of 
said  partnership  :  that  the  defendant  has  neglected  and  refused 
to  pay  to  your  orator  his  reasonable  and  proper  share  of  the 
profits  of  said  partnership,  but  has  paid  to  your  orator  a  very 
small  portion  of  said  profits,  falsely  pretending  that  the  said 
portion  was  all  the  share  to  which  your  orator  was  entitled  of 
the  same.  And  your  orator  further  shows  to  the  Court  that  no 
settlement  has  been  made  of  the  said  partnership  accounts 
between  him  and  the  defendant,  although  he  has  repeatedly 
applied  to  the  defendant  for  such  settlement,  but  the  defendant 
absolutely  refuses  to  come  to  such  settlement.  And  your  orator 
charges,  that  there  were  large  profits  made  by  the  carrying  on 
of  said  partnership  business,  beyond  the  amount  which  your 
orator  has  received  as  aforesaid  and  that  all  the  property  and 
effects  of  the  partnership,  at  the  time  of  the  dissolution  thereof, 
were  retained  by  the  defendant,  and  since  said  dissolution  the 
defendant  has  received  large  sums  of  money  due  to  the  said 
partnership ;  and  your  orator  further  charges,  that  since  the 
dissolution  of  said  partnership,  he  has  paid  the  sum  of  five  hun- 
dred dollars  in  respect  of  the  partnership  debts,  that  upon  a 
true  and  just  settlement  of  said  partnership  accounts,  it  will 
appear  that  a  large  balance  is  due  from  the  defendant  to  your 
orator  in  respect  to  said  partnership.  All  which  actings,  pre- 
tences and  refusals,  are  contrary  to  equity  and  good  conscience, 
and  tend  to  the  manifest  wrong  of  your  orator,  complainant  in 
the  premises  :  To  the  end  therefore,  that  the  defendant  may, 
if  he  can,  show  why  your  orator  should  not  have  the  relief  hereby 
prayed,  and  may  on  his  oath  and  according  to  the  utmost  of 
his  knowledge,  remembrance,  information  and  belief,  full,  true, 


EQUITY.  367 

direct  and  perfect  answer  make  to  such  of  the  several  inter- 
rogatories hereafter  mentioned  and  set  forth,  as  by  the  note 
hereunder  Avritten  he  is  required  to  answer ;  that  is  to  say  : 

1.  Whether  the  orator  and  the  defendant  did  not  enter  into 
partnership  on  the  first  day  of  April,  one  thousand  eight  hun- 
dred and  fifty-five,  under  the  articles  of  agreement  in  this  bill 
above  set  forth,  and  whether  the  orator  and  the  defendant  did 
not  each  contribute  and  pay  to  the  partnership  stock,  the  sum 
of  one  thousand  dollars,  and  whether  the  said  partnership  busi- 
ness was  not  carried  on  by  the  orator  and  the  defendant  in  pur- 
suance of  said  agreement  until  the  first  day  of  April  last,  when 
it  expired  by  its  limitation  as  stipulated  in  said  agreement. 

2.  Whether,  &c.  (following  with  the  other  interrogatories). 
And  that  an  account  may  be  taken  of  all  and  every  the  said 

partnership  dealings  and  transactions,  and  that  the  defendant 
may  be  directed  to  pay  to  your  orator,  what,  if  anything,  shall 
upon  such  account  appear  to  be  due  from  him  ;  your  orator  be- 
ing ready  and  willing  and  hereby  ofi'ering  to  pay  to  the  defend- 
ant, what  if  anything  shall  be  due  to  him  from  the  joint  con- 
cern. 

May  it  please  the  Court,  to  grant  unto  your  orator,  the  Com- 
monwealth's writ  of  Subpoena,  directed  to  the  said  John  Gregg, 
thereby  commanding  him  at  a  certain  day  and  under  certain 
pain  therein  limited,  personally  to  be  and  appear  before  this 
Honorable  Court  and,  then  and  there,  full,  true,  direct  and 
perfect  answer  make  to  all  and  singular  the  premises,  and  fur- 
ther to  stand  to,  abide  by  and  perform,  such  further  order, 
direction  and  decree,  as  to  the  Court  shall  seem  meet,  and  that 
your  orator  may  have  such  further  and  other  relief  as  equity 
and  good  conscience  may  require. 

James  Wills. 

David  Bond, 
Solicitor  for  Plaintiff. 


868  ERROR. 

Chester  county,  ss. 

James  Wills  being  duly  sworn  says,  that  the  statements  ia 
the  foregoing  bill  and  account  are  true  as  he  verily  believes. 
Sworn  and  subscribed,  May  15,  ^  James  Wills. 

1860,  before  V 

John  Graves,  J.  P.  J 
The  defendant,  John  Gregg,  is  required  to  answer  the  inter- 
rogatories numbered,  1,  2,  3,  &c.,  &c.  (stating  all  the  numbers). 
I  certify,  that  in  my  opinion,  the  case  set  forth  in  the  fore- 
going bill  is  of  such  a  nature  that  no  adequate  remedy  can  be 
obtained  at  law,  (or  "that  the  remedy  at  law  will  be  attended 
with  great  additional  trouble,  inconvenience  and  delay.") 

David  Bond, 
May  15,  1860.  Plaintiff's  Solicitor. 

Issue  Subpoena  in  this  case,  returnable  into  the  Prothono- 
tary's  Office  on  the  next  rule  day  but  one,  to  wit,  on  the  first 
Monday  in  July  next. 

David  Bond, 

Plaintiff's  Solicitor. 
James  Davis,  Esq.,  May  15,  1860. 

Prothonotary. 


ERKOR. 

1.  Precipe^  Affidavit  and  Recognisance  in  Error. 

p.  409,  pi.  1.     P.  410,  pi.  8.     P.  411,  pi.  14.     22  May  1722,  1  Sm.  L.  138.     11  March 
1809,  5  Sm.  L.  17.     16  June  1836,  P.  L.  762. 

John  Gregg,  Plaintiff  in  Error,  ^  In  the  Supreme  Court  of 
V.  V      Pennsylvania,    for    the 

James  Wills,  Defendant  in  Error.  J      Eastern  District. 

Issue  Writ  of  Error  to  the  Court  of  Common  Pleas  of  Ches- 
ter County,  to  remove  the  record  and  proceedings  in  a  certain 
action  of  Debt  in  said  Court  (No.  10,  to  January  Term,  1859), 


ERROR. 


369 


in  wliicli  the  said  James  Wills  is  plaintiff  and  tlie  said  Joiin 
Gregg  defendant. 

Returnable  to  the  next  Term. 

Yours,  &c., 

William  Marshall, 
To  James  Davis,  Esq.,  Attorney  for  Plff.  in  Error. 

Prothonotary,  Sup.  Court,  E.  D.  March  1,  1860. 

Chester  county,  ss. 

John  Gregg,  the  party  purchasing  said  writ  of  Error,  being 
duly  sworn,  says,  that  the  same  is  not  intended  for  delay. 

Sworn  and  subscribed  March  1, 

1860,  before  I  jojjj,  Gregg. 

James  Davis,  j 

Prothonotary.        ^ 


Chester  county,  ss. 

We,  John  Gregg,  the  above-named  plaintiff  in  Error,  Enoch 
Rex  and  Seth  Jones,  all  of  said  County  of  Chester,  severally 
acknowledge  ourselves  to  be  indebted  to  the  said  James  Wills, 
the  defendant  in  Error,  in  the  sum  of  one  thousand  dollars,  to 
be  levied  of  our  respective  goods  and  chattels,  lands  and  tene- 
ments, and  to  be  void  on  this  condition,  that  the  said  John 
Gregg  shall  prosecute  his  said  writ  of  Error  with  effect,  and 
if  the  said  judgment  shall  be  affirmed,  or  the  said  writ  of  Error 
be  discontinued  or  non-prossed,  that  he  will  pay  the  debt,  dam- 
ages and  costs  that  may  be  awarded  upon  said  writ  of  Error. 


Taken  and  acknowledged  March  1, 

1860,  before 

Townsend  Haines, 
President  of  Court  of  Common 

Pleas  of  said  county. 


John  Gregg, 
Enoch  Rex, 
Seth  Lea. 


24 


3T0 


ERROR. 


2.  Appeal  from  Orphans    Court  and  Recognisance. 


P.  410,  pi.  S,  p.  411,  pi.  1.3,  p.  769,  pi.  49.     11  March  1809,  5  Stn.  L.  17.      25  April 
ISJO,  P.  L.  574.     29  March  1832,  P.  L.  213. 

Ix  THE  Estate  of  John  "l    In  the  Orphans'  Court  of  Chester 

Gregg,  deceased.  /        County. 

January  1,  1860,  James  Gregg  being  aggrieved  by  the  defini- 
tive decree  of  said  Court,  confirming  the  Administration  ac- 
counts of  Sarah  Gregg,  Administratrix  of  said  John  Grego-, 
deceased,  appeals  from  the  same  to  the  Supreme  Court. 

James  Gregg. 

Chester  county,  ss. 

James  Gregg,  the  above-named  appellant,  being  duly  sworn, 
says,  that  said  appeal  is  not  intended  for  delay. 

Sworn  and  subscribed,  March  1,   ")  James  Gregg. 

1860,  before  V 

George  Fisher,  Clerk  0.  C.  J 

Chester  county,  ss. 

We,  James  Gregg,  appellant  above  named,  Enoch  Rex  and 
Seth  Lea,  all  of  Chester  county,  do  severally  acknowledge  our- 
selves to  be  indebted  to  the  said  Sarah  Gregg  in  the  sum  of 
five  hundred  dollars,  to  be  levied  of  our  goods  and  chattels, 
lands  and  tenements  respectively,  and  to  be  void  on  condition 
that  the  said  James  Gregg  shall  prosecute  his  said  appeal  with 
effect,  and  shall  pay  all  costs  that  may  be  adjudged  against 
him. 

Taken  and  acknowledged,  March  1,  ")  James  Gregg, 

1860,  before  V         Enoch  Rex, 

George  Fisher,  Clerk  0.  C.        J  Seth  Lea. 


3.  Precipe  and  Affidavit  for  Certiorari  from  Supreme  Court  to 
Quarter  Sessions. 

p.  410,  pi.  8.     11  March  1809,  5  Sm.  L.  17. 

In  the  Matter  of  the  Road  leading  ^  In  the  Supreme  Court 
FROM    Davis's    School-house    to  V      of  Pennsylvania, 
Jones's  Tavern.  I      Eastern  District. 


ERROR.  371 

Issue  Certiorari  on  behalf  of  Enoch  Rex,  to  the  Court  of 
Quarter  Sessions  of  the  Peace  of  Chester  County,  to  remove  the 
records  and  proceedings  of  said  Court  in  the  matter  of  the 
above-mentioned  road. 

Yours,  &c. 

William  Marshall, 
To  James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary  of  Sup.  Ct.  E.  D.  March  1,  1860. 

Chester  county,  ss. 

Enoch  Rex,  the  party  purchasing  the  above  writ  of  Certiorari, 
being  duly  sworn,  says,  that  the  same  is  not  intended  for  delay. 
Sworn  and  subscribed,  March  1,  "|  Enoch  Rex. 

1860,  before  I 

George  Fisher,  Clerk  Q.  S.  J 


4.  Precipe  and  Affidavit  for   Certiorari  from  Common  Pleas 
to  Justice  of  Peace. 

p.  413,  pi.  24.     20  March  1810,  5  Sm.  L.  171. 

'    f  In  the  Court    of    Common   Pleas  of   Chester 

■  (       County. 

John  Gregg,  j 

Issue  Certiorari  on  behalf  of  the  defendant,  to  remove  the 
proceedings  had  in  the  trial  of  the  above  case  before  Isaac 
Pinch,  a  Justice  of  the  Peace  of  said  county. 

Yours,  &c. 

William  Marshall, 
To  James  Davis,  Esquire,  Defendant's  Attorney. 

Prothonotary.  March  1,  1860. 

Chester  county,  ss. 

John  Gregg,  the  party  applying  for  the  above  writ,  being 
duly  SAVorn,  says,  that  it  is  not  for  the  purpose  of  delay,  but 
that  in  his  opinion,  the  cause  of  action  in  said  case  was  not  cog- 
nisable before  a  Justice  (or  that  the  proceedings  proposed  to  be 
removed  are,  to  the  best  of  his  knowledge,  unjust  and  illegal), 


372  ESCHEAT. 

and  if  not  removed  will  oblige  the  deponent  to  pay  more  money 
to  the  plaintiff  (or  receive  less  from  the  defendant  or, — as  the 
case  may  be)  in  said  case  than  is  justly  due. 

Sworn  and  subscribed,  March  1,  "j  John  Gregg. 

1860,  before  V 

James  Davis,  Prothonotary.  J 


ESCHEAT. 

1.  Information. 

p.  415,  pi.  1.     P.  418,  pi.  19.    29  September  1787,  2  Sm.  L.  425,  429. 

To  Ephraim  Banks,  Auditor-General  of  the  Commonwealth 
of  Pennsylvania : 

You  are  hereby  informed  that  Enoch  Rex,  in  the  Township 
of  Penn  in  the  County  of  Chester,  within  said  Commonwealth, 
died  on  or  about  the  first  day  of  March  instant,  intestate,  with- 
out heirs  or  any  known  kindred,  seised  and  possessed  at  the 
time  of  his  death  of  real  and  personal  estate.  Witness  my 
hand,  March  2,  1860. 

Signed  in  presence  of  ^  James  Wills. 

Seth  Lea,  V 

John  Gregg.       J 


2.  Precept  to  Sheriff. 

P.  416,  pi.  4.     29  September  17S7,  2  Sm.  L.  426. 

Chester  county,  »s. 

•?  The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  said 

County  ; — Greeting  : 

We  command  you  to  impannel  and  summon  twenty-four 
good  and  lawful  men  of  said  county,  to  come  before  William 
Marshall,  Deputy,  duly  appointed  by  the  Auditor-General  of 


ESCHEAT.  373 

said  Commonwealth,  at  the  Court  House  in  the  borough  of  West 
Chester  (or  such  other  place  as  may  be  designated  by  the 
Deputy,  naming  the  place),  on  the  fifteenth  day  of  March  in- 
stant, to  inquire  whether  as  shall  be  alleged,  Enoch  Rex,  of 
the  Township  of  Penn  in  said  County  of  Chester,  has  died  in- 
testate, without  heirs  or  any  known  kindred,  and  whether  he 
was  at  the  time  of  his  death  seised  and  possessed  of  any  and 
what  estate,  real  or  personal,  in  said  County  of  Chester,  and 
also  to  inquire  in  whose  hands  or  possession  the  said  estate 
shall  be  : 

Witness  the  said  Deputy,  the  first  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty. 

William  Marshall. 


3.  Inquisition. 

p.  416,  pi.  7,  &c.    29  September  1787,  2  Sm.  L.  426. 

Chester  county,  ss. 

Inquisition,  taken  on  the  fifteenth  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty,  at  the  Court 
House  in  the  borough  of  West  Chester  in  said  county,  before 
William  Marshall,  Deputy  of  the  Auditor-General  of  the  Com- 
monwealth of  Pennsylvania,  to  inquire  whether  Enoch  Rex  of 
said  county  has  died  intestate,  without  heirs  and  any  known 
kindred,  and  whether  he  was,  at  the  time  of  his  death,  seised 
and  possessed  of  any  and  what  estate,  real  or  personal,  in  said 
county,  and  also  to  inquire  in  whose  hands  or  possession  the 
said  estate  may  be,  upon  the  oaths  and  affirmations  of  Seth  Lea, 
James  Robb,  &c.,  &c.,  twenty-three  (or  as  the  case  may  be,  not 
less  than  twelve),  good  and  lawful  men  of  said  county,  sum- 
moned and  impannelled  according  to  law,  who,  being  respectively 
sworn  and  affirmed,  and  charged  to  inquire  of  the  premises,  do 
say,  that  the  said  Enoch  Rex  died  on  or  about  the  first  day  of  the 
present  month  of  March  in  the  said  County  of  Chester,  intestate, 
without  heirs  or  any  known  kindred ;  that  the  said  Enoch  Rex, 
at  the  time  of  his  death,  was  seised  of  the  real  estate  mentioned 
and  described  in  a  schedule  marked  A  hereto  annexed,  and  of 


374  ESCHEAT. 

the  personal  estate  mentioned  in  a  schedule  marked  B  hereto 
annexed  :  That  the  said  real  estate  is  in  the  possession  of  Abel 
Jones,  who  occupies  the  same  under  a  lease  from  the  said  Enoch 
Rex,  in  his  lifetime,  which  lease  will  expire  on  the  first  day  of 
April  next,  and  that  the  said  personal  estate  is  in  the  possession* 
of  the  said  Abel  Jones,  all  of  which  estate  real  and  personal 
above  mentioned,  is  in  the  said  County  of  Chester  ;  and  the  said 
Inquest  do  further  find  that  the  said  Enoch  Rex  was  seised  of 
certain  other  real  estate,  in  the  Township  of  Bristol,  County  of 
Bucks  and  State  of  Pennsylvania  aforesaid,  mentioned  and  de- 
scribed in  a  schedule  hereto  annexed  marked  C,  and  therefore 
the  Inquest  aforesaid  do  find  that  the  said  real  and  personal 
estate  in  the  said  County  of  Chester,  and  the  said  real  estate 
in  the  said  County  of  Bucks,  has  escheated  to  the  Common- 
wealth of  Pennsylvania : 

AVitness  the  hands  and  seals  of  the  said  Deputy  and  the  In- 
quest aforesaid,  the  fifteenth  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty. 

William  Marshall,  [l.  s.] 
JaxMes  Robb,  [l.  s.] 

Seth  Lea,  [l.  s.] 

&;c.,  &c. 


4.  Petition  for  Traverse. 

p.  417,  pi.  14, 16,  17.     29  September  1787,  2  Sm.  L.  427, 428. 

In  the  Matter  of  the")  x      y     r^      .    e  r^  -m        r- 

_,  ^  In  the  Court  of  Common  Pleas  oi 

Escheated  Estate  of  >      ,-,,  r^       , 

T^  -n         1  1  Chester  County. 

Enoch  Rex,  deceased.  J  '' 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
aforesaid : 

The  petition  of  George  Rex,  Respectfully  represents.  That  by 
an  Inquisition  taken  on  the  first  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-nine,  taken  before 
William  Marshall,  Deputy,  duly  appointed  of  the  Auditor- 
General  of  Pennsylvania,  it  was  found  that  Enoch  Rex,  above 
named,  died  intestate  within  the  said  county,  without  heirs  or 


ESCHEAT.  375 

any  known  kindred,  and  seised  and  possessed  of  certain  real  and 
personal  estate  in  the  said  inquisition  particularly  specified, 
and  that  said  estate  liad  escheated  to  the  Commonwealth  of 
Pennsylvania;  that  said  inquisition  was  certified  and  trans- 
mitted by  the  said  deputy  into  the  office  of  the  Prothonotary  of 
this  Court,  on  the  third  day  of  the  same  mouth  of  March,  and 
a  copy  of  the  award  of  said  jury  of  inquest  on  the  same  day  was 
filed  in  the  office  of  the  said  Prothonotary,  and  a  like  copy  was, 
on  the  eighth  day  of  the  same  month,  filed  in  the  ofiice  of  the 
Prothonotary  of  the  Court  of  Common  Pleas  of  the  County  of 
Bucks,  being  the  counties  in  which  said  escheated  property  was 
found  by  the  said  inquest  to  be;  and  that  on  the  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-two,  the  said  William  Marshall,  deputy  aforesaid,  made 
sale  of  said  real  estate  to  James  Robb,  who  paid  the  purchase- 
money  thereof,  viz. :  the  sum  of  seven  thousand  dollars,  to  the 
State  Treasurer  according  to  law. 

The  petitioner  further  represents,  that  he  is  an  heir  and  one 
of  the  kindred  of  the  said  Enoch  Rex,  being  the  son  of  Mary 
Gregg,  formerly  Mary  Rex,  who  was  a  sister  of  the  said  Enoch 
Rex  dqceased ;  that  the  said  Mary  Gregg  died  in  the  lifetime 
of  the  said  Enoch  Rex,  leaving  no  husband,  and  leaving  one 
child,  viz. :  the  petitioner  ;  that  at  the  time  of  the  said  sale  your 
petitioner,  being  an  inhabitant  of  the  State  of  Pennsylvania, 
was  an  infant,  and  that  he  attained  full  age  on  the  first  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-eight,  and  not  before. 

The  petitioner  therefore  appearing  and  making  claim  to  the 
said  lands,  prays  the  Court  that  he  may  be  at  liberty  to  tra- 
verse the  aforesaid  inquisition,  and  that  the  Court  will  make 
such  order  in  the  premises  as  is  authorized  by  the  Act  of  Assem- 
bly in  such  case  made  and  provided. 

And  he  will,  &c. 

George  Rex. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


V. 

George  Rex. 


876  ESCHEAT. 

5.   Traverse  of  Inquisition. 

p.  417,  pi.  14,  &c.     29  September  1787,  2  Sm.  L.  427. 

The  Commonwealth  ]  ^^  ^^"   ^"^'*  °^  ^°^^°^  ^^^^'  "^ 

OF  Pennsylvaxia        ^  C,^^^*^^'  ^°^^*:^- 

Of  May  Term,  1860.     No.  10. 

In  the  matter  of  tlie  Escheated  Estate 

of  Enoch  Rex. 

Chester  County,  ss. 

By  a  certain  inquisition  taken  at  the  court-house  in  the 
borough  of  West  Chester,  in  said  county,  on  the  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty,  before  William  Marshall,  deputy  of  the  Auditor- 
General  of  the  Commonwealth  of  Pennsylvania  in  that  behalf, 
to  inquire  amongst  other  things,  whether  the  said  Enoch  Rex  had 
died  intestate,  without  heirs  or  any  known  kindred,  it  was  found 
that  the  said  Enoch  Rex  had  died  intestate  without  heirs  or  any 
known  kindred,  seised  and  possessed  of  certain  estate,  real  and 
personal,  in  said  inquisition  specified,  which  estate  had  thereby 
escheated  to  the  Commonwealth,  as  by  the  proceedings  in  said 
matter  had  will  fully  appear  : 

And  now.  May  1,  a.  d.  1860,  comes  George  Rex,  by  his 
attorney,  John  Worth,  and  prays  Oyer  of  the  said  proceedings, 
and  the  same  being  read  and  heard,  the  said  George  complains 
that  by  reason  of  the  finding  in  said  inquisition,  he  is  greatly 
injured ;  because,  protesting  that  the  said  inquisition  and  other 
proceedings  are  insufficient  in  law,  for  plea  nevertheless  says, 
that  the  said  Enoch  Rex  died  leaving  heirs  and  known  kindred, 
to  wit,  the  said  George,  who  is  an  heir  and  of  the  kindred  of  the 
said  Enoch  Rex  ;  without  this,  that  the  said  Enoch  Rex  died 
without  heirs  or  known  kindred,  and  this  the  said  George  is 
ready  to  verify ;  wherefore  he  prays  judgment  that  the  said 
inquisition  and  proceedings  thereupon  may  be  vacated  and  dis- 
charged, and  that  he  may  receive  all  the  moneys  received  by 
the  Commonwealth  for  the  sale  of  the  real  estate  of  the  said 
Enoch  Rex,  after  all  charges  thereon  shall  be  deducted. 

John  AVorth, 
Attorney  for  George  Rex. 


ESCHEAT.  377 

6.  MepUcation  to  Traverse  and  Similiter. 

p.  417,  pi.  14,  &c.     29  September  1787,  2  Sm.  L.  427. 

^  In   the    Court  of  Common   Pleas   of 
The  Commonwealth         m     x     n      * 

^  Chester  County. 

.   or  Pennsylvania    I  ^^^  ^^^^  ^^^^^  ^g^^^    ^^^  ^^^ 

In  the  matter  of  the  Escheated  Estate 
J       of  Enoch  Rex,  deceased. 

And  Samuel  Douglass,  Attorney- General  of  the  Common- 
wealth, who  prosecutes  for  the  Commonwealth  in  this  behalf, 
says,  that  by  reason  of  anything  by  the  said  George  Rex  above 
in  pleading  alleged,  that  the  said  inquisition  and  proceedings 
thereon  should  not  be  vacated  and  discharged  and  the  said 
George  Rex  should  not  receive  the  moneys  in  the  said  traverse 
mentioned,  because  he  says  that  the  said  Enoch  Rex  did  die  in- 
testate without  heirs  or  any  known  kindred ;  and  that  the  said 
George  Rex  is  not  an  heir  and  of  the  kindred  of  the  said  Enoch 
Rex,  and  this  the  said  Attorney-General  prays  may  be  inquired 

of  by  the  country,  &c. 

Samuel  Douglass, 

Attorney- General. 
And  the  said  George  Rex  does  the  like. 


7.  Petition  for  Issue  on  question  of  Reward. 

p.  418,  pi.  21.     16  April  1827,  9  Sm.  L.  441. 

In  the  Matter  of  THE^  r     .^      r^       .    c  n  -m  c 

_,  T-i  I  In  the  Court  ot  Common  Pleas  oi 

Esche.\ted  Estate  of  V      ^,     ^      „ 
_,  -n         1  1    I       Chester  County. 

Enoch  Rex,  deceased.  J 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  Chester  County  : 

The  petition  of  James  Wills  Respectfully  represents,  That 
by  an  inquisition  taken  on  the  first  day  of  March,  in  the  year 
of  our    Lord  one  thousand   eight   hundred  and  sixty,   before 


378  ESCHEAT. 

William  Marshall,  deputy  of  the  Auditor-General  of  the  Com- 
mon-weal th  of  Pennsylvania,  it  was  found  that  the  said  Enoch  Rex 
had  died  intestate,  without  heirs  or  any  known  kindred,  seised 
and  possessed  of  real  and  personal  estate  in  said  inquisition 
specified  and  that  said  estate  had  escheated  to  the  Common- 
wealth, which  inquisition  was  certified  and  transmitted  into  the 
Prothonotary's  Office  of  this  county,  on  the  second  day  of  the 
same  month  of  March,  and  on  the  same  day  filed  therein  by  the 
said  Prothonotary ;  that  the  said  lands  produced  the  price  of 
fire  thousand  dollars,  and  that  the  said  goods  and  chattels  pro- 
duced the  price  of  nine  hundred  dollars,  after  all  costs  of  prose- 
cution and  charges  of  sale  deducted  therefrom :  The  petitioner 
further  represents,  that  he  first  informed  Ephraim  Banks,  Esq., 
the  Auditor-General  of  the  Commonwealth,  of  said  Escheat,  by 
writing  signed  by  the  petitioner  in  the  presence  of  two  wit- 
nesses, who  subscribed  their  namas  to  said  writing ;  that  he  pro- 
cured the  necessary  evidence  to  establish  the  title  of  the  Com- 
monwealth to  the  same  and  prosecuted  the  right  of  the  Com- 
monwealth thereto  with  efi'ect ;  that  by  virtue  of  the  premises  the 
petitioner  became  entitled  to  one-third  part  of  the  price  of  the 
said  goods  and  chattels,  to  wit,  the  sum  of  three  hundred  dollars, 
and  to  one-fifth  part  of  the  price  of  the  said  real  estate ,  to  wit,  the 
sum  of  one  thousand  dollars ;  but  so  it  is,  that  notwithstanding 
the  facts  as  above  set  forth,  one  Abel  Jones  claims  the  said  re- 
ward allowed  by  the  laws  regulating  Escheats,  and  alleges  that 
he,  the  said  Abel  Jones,  gave  the  information  aforesaid  (or  as 
the  case  may  be).  The  petitioner  therefore  prays  the  Court  to 
direct  an  issue  to  be  formed  between  the  petitioner  and  the  said 
Abel  Jones,  to  try  their  right  to  the  reward  aforesaid,  according 
to  the  provisions  of  the  Act  of  Assembly  in  such  case  made  and 
provided. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


EXECUTION.  379 

EXECUTION. 

1.  Suggestion  and  Plea  of  Freehold  for  Stay  of  Execution. 

P.  431,  pi.  4.     16  June  1836,  P.  L.  762, 

James  Wills  "~|  In  the  Court  of  Common   Pleas  of  Chester 

V.  y      County. 

John  Gregg.  J  Of  January  Term,  1860.     No.  10. 

March  1,  1860  :  Judgment  against  the  defendant  on  award 
of  Arbitrators  for  $600.  And  now,  March  19,  1860,  John 
Gregg,  the  defendant,  gives  the  Court  to  understand  that  he  is 
possessed  of  an  estate  of  fee  simple  within  the  said  County  of 
Chester,  worth  the  amount  of  the  judgment  recovered  as  above 
stated,  clear  of  all  encumbrances,  wherefore  he  prays  that  exe- 
cution of  the  said  judgment  may  stay  for  twelve  months  from 
the  first  day  of  January  last,  being  the  first  day  of  the  Term 
to  which  the  said  action  has  commenced. 

John  Gregg. 

Chester  county,  ss. 

John  Gregg  above  named,  being  duly  sworn,  says,  that  the 
statements  in  the  above  suggestion  and  plea  are  true  as  he  verily 
believes. 

Sworn  and  subscribed,  March -|  John  Gregg. 

19,  1860,  before 
James  Davis, 

Prothonotary. 


2.  Recognisance  for  Stay. 

P.  431,  pi.  5,  8.     16  June  1836,  P.  L.  762.     20  March  1845,  P.  L.  189. 

James  Wills  ""i  In  the  Court  of  Common  Pleas   of  Chester 

V.  V      County. 

John   Gregg.  J  Of  January  Term,  1860.     No.  10. 

March  1,  1860 :  Judgment  against  the  defendant  on  award 
of  Arbitrators  for 


380  EXECUTION. 

Chester  county,  ss. 

Enoch  Rex  acknowledges  himself  to  be  indebted  to  James 
Wills,  the  above-named  plaintiff,  in  the  sum  of  fourteen  hundred 
dollars,  lawful  money  of  the  United  States,  to  be  levied  of  his 
goods  and  chattels,  lands  and  tenements,  and  to  be  void  upon 
condition  that  he,  the  said  Enoch  Rex,  shall  pay  the  amount  of 
the  above  judgment,  together  with  the  interest  and  costs,  in  the 
event  that  the  said  John  Rex  shall  fail  to  pay  the  same  at  the 
expiration  of  twelve  months  from  the  first  day  of  January  last, 
being  the  first  day  of  the  term  to  which  the  said  action  has 
commenced. 

Taken  and  acknowledged,  March ^  Enoch  Rex. 

10,  1860,  before 

James  Davis, 

Prothonotary. 

March  10,  1869.  I  approve  of  the  above  security  for  stay 
of  execution  of  the  above-stated  judgment. 

T.  Haixes, 
Prest.  Judo-e  of  said  Court. 


3.  Request  for  Appraisers  of  Personal  Property. 

p.  433,  pi.  21.     9  April  lSi9,  P.  L.  533. 

James  Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      County. 

John  Gregg.  J  Fieri  Facias  to  May  Term,  1860.     No.  2. 
To  Jesse  John,  Sheriff  of  the  County  of  Chester : 

You  are  hereby  requested  to  summon  three  disinterested  and 
competent  persons  to  appraise  the  personal  property,  levied  on 
by  virtue  of  the  said  execution,  which  the  undersigned,  the 
debtor  above-named,  may  elect  to  retain  under  the  provisions 
of  the  Act  of  Assembly  in  this  behalf  made  and  provided. 

March  1,  1860.  John  Gregg. 


EXECUTION.  381 

4.  Summons  and  Return  of  Appraisers  of  Personal  Property. 

p.  433,  pi.  21.     9  April  1849,  P.  L.  633. 

James  Wills  ~|  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      County. 

John  Gregg.  J  Fieri  Facias  to  May  Term,  1860.  No.  2. 
To  Enoch  Rex,  Seth  Jones  and  Abel  Lea : 
You  are  hereby  summoned  to  appraise,  after  having  been  duly 
sworn  or  affirmed,  the  personal  property  of  John  Gregg,  the 
debtor  in  the  above  execution,  which  he  may  elect  to  retain  to 
the  value  of  three  hundred  dollars :  Witness  my  hand  the  fifth 
day  of  March,  a.  d.  1860. 

Jesse  John, 

Sheriff. 
To  Jesse  John,  Sheriff  of  the  County  of  Chester : 
We,  the  undersigned,  summoned  by  virtue  of  the  above  sum- 
mons, having  been  duly  sworn,  well  and  truly  and  without  pre- 
judice and  partiality,  to  appraise  the  personal  property  elected 
to  be  retained  by  the  said  John  Gregg  as  aforesaid  and  in  all 
respects  to  perform  our  duties  as  appraisers  to  the  best  of  our 
skill  and  judgment,  do  certify  that  we  have  appraised  the  said 
property  as  set  forth  in  the  Inventory  hereto  annexed. 

Witness  our  hands  and  seals  the  sixth  day  of  March,  a.  d. 
1860. 

Enoch  Rex,  [l.  s.] 
Seth  Jones,  [l.  s.] 
Abel  Lea.     [l.  s.] 

Inventory  of  personal  property  elected  to  be  retained  by 
John  Gregg,  the  defendant  in  the  above-stated  execution,  viz. : 


One  Red  Cow,   ....  $20      00 

One  Horse  Cart,         ...  15       00 

&c.,  &c. 

Appraised  March  5,  1860. 

Enoch  Rex, 
Seth  Jones, 
Abel  Lea, 

Appraisers 


382  EXECUTION. 

5.  Request  for  Appraisers  of  Real  Property. 

p.  433,  pi,  21,     9  April  1849,  P,  L,  533, 

James  "Wills  "]  In  the   Court  of  Common  Pleas  of  Chester 

V.  >      County. 

John  Gregg.  J  Fieri  Facias  to  May  Term,  1860.     No.  2. 
To  Jesse  John,  Sheriff  of  the  County  of  Chester : 
The  undersigned,  the  debtor  above  named,  elects  to  retain 
real  estate  levied  on  under  the  above  execution,  to  the  value  of 
three  hundred  dollars,  and  request's  you  to  summon  three  dis- 
interested competent  persons  to  appraise  the  same. 

John  Gregg. 

March  1,  1860. 


6.  Summons  of  Apjoraisers  of  Real  Property. 

p.  433,  pi.  21,  22,     9  April  1849,  P,  L.  533. 

James  Wills  '\  In  the  Court  of  Common  Pleas  of  Chester 

V.  V      County. 

John  Gregg.  J  Fieri  Facias  to  May  Term,  1860.     No.  2. 
To  Enoch  Ptex,  Seth  Jones  and  Abel  Lea. 
Your  are  hereby  summoned  to  appraise,  after  having  been 
duly  sworn  or  affirmed,  the  real  property  levied  on  under  the 
above  execution,  to  the  value  of  three  hundred  dollars,  elected 
to  be  retained  by  John  Gregg,  the  debtor  in  the  above  execution. 
Witness  my  hand  the  fifth  day  of  March,  a,  d.  1860. 

Jesse  John, 

Sheriff. 

7.  Return  of  Appraisers  Dividing. 

p.  433,  pi.  22,     9  April  1849,  P.  L.  533. 

To  Jesse  John,  Sheriff  of  Chester  County  : 

The  undersigned,  summoned  by  the  above  request,  do  certify 
that  having  been  duly  sworn,  well  and  truly  and  without  pre- 
judice or  partiality,  to  appraise  the  real  property  elected  to  be 
retained  by  the  said  John  Gregg,  and  in  all  respects  to  perform 


EXECUTION.  383 

our  duty  as  appraisers  to  the  best  of  our  skill  and  judgment, 
we  went  upon  the  real  estate  of  John  Gregg,  the  defendant  in 
said  Execution,  levied  on  under  the  same,  and  having  found 
that  it  is  of  greater  value  than  three  hundred  dollars,  do  deter- 
mine that  in  our  opinion,  the  said  real  estate  can  be  divided 
without  injury  to  or  spoiling  the  whole,  and  have  proceeded  to 
set  apart  as  much  thereof  as  in  our  opinion  shall  be  of  sufficient 
value  to  answer  the  requirement  of  the  defendant  as  aforesaid, 
and  designate  the  portion  so  set  apart  by  metes  and  bounds  as 
follows,  viz.  :  Beginning,  &c. 

Witness  our  hands  and  seals,  the  fifth  day  of  March,  A.  D. 
one  thousand  eight  hundred  and  sixty. 

Enoch  Rex,  [l.  s.] 
Seth  Jones,  [l.  s.] 
Abel  Lea.     [l.  s.] 


8.  Return  of  Ajypraisers  7iot  Dividing. 

p.  433,  pi.  23.     9  April  1849,  P.  L.  533. 

To  Jesse  John,  Sheriff  of  Chester  County  : 

The  undersigned,  summoned  by  the  above  request,  do  certify 
that  having  been  duly  sworn,  well  and  truly,  and  without  pre- 
judice or  partiality,  to  appraise  the  real  property  elected  to  be 
retained  by  the  said  John  Gregg,  and  in  all  respects  to  perform 
our  duty  as  appraisers  to  the  best  of  our  skill  and  judgment, 
we  went  upon  the  real  estate  of  John  Gregg,  the  defendant  in 
said  Execution,  levied  on  under  the  same,  and  having  found 
that  the  same  is  of  greater  value  than  three  hundred  dollars, 
do  determine  that  in  our  opinion  said  real  estate  cannot  be 
divided  without  prejudice  to  or  spoiling  the  whole. 

Witness  our  hands  and  seals,  the  fifth  day  of  March,  A.  D. 
one  thousand  eight  hundred  and  sixty. 

Enoch  Rex,  [l.  s.] 
Seth  Jones,  [j>.  s.] 
Abel  Lea.     [l.  s.] 


384  EXECUTION. 


9.  Pi^ecipe  to  levy  on  Stock  in  another  s  JVame,  Affidavit  atid 
Recognisance. 

P.  434,  pi.  27,  28.     16  June  1836,  P.  L.  767. 


James  Wills 


In  the  Court  of  Common   Pleas  of  Chester 
County. 


V. 

John  Gregg. 


(See  Judgment  against  Defendant,  February 
I       1,  1860,  in  Judgt.  Dock,  H,  p.  10.) 


Debt,  1500. 

Int.  from  Feb.  1,  1860.     Costs,  &c. 


Issue  process  in  the  nature  of  attachment  upon  said  judg- 
ment, against  the  defendant,  to  levy  upon  ten  shares  in  the 
Capital  Stock  of  the  Bank  of  Chester  County,  held  in  the  name 
of  Enoch  Rex,  with  clause  of  summons  to  the  said  Enoch  Rex, 
in  the  nature  of  Scire  Facias  against  the  garnishees  in  Foreign 
Attachment :  returnable  to  the  next  term. 

Yours,  &c. 

William  Marshall, 
To  James  Davis,  Esquire,  Plaintiff's  Attorney. 

Prothonotary.  March  1,  1860. 

Chester  county,  ss. 

James  Wills,  the  plaintiff  in  the  above  execution,  being  duly 
sworn  says,  that  he  verily  believes  that  the  above-mentioned 
ten  shares  in  the  Capital  Stock  of  the  Bank  of  Chester  County, 
held  in  the  name  of  Enoch  Rex,  is  really  the  property  of  John 
Gveo'cr  the  above  defendant. 

Sworn  and  subscribed,  March  ^  James  Wills. 

1,  1860,  before  V 

James  Davis,  Prothonotary.  J 

Chester  county,  ss. 
We,  James  Wills,  Setb  Jones  and  Abel  Lea  severally  ac- 


EXECUTION. 


385 


knowledo-e  ourselves  to  be  indebted  to  the  Commonwealtli  of 
Pennsylvania  in  the  sum  of  five  hundred  dollars,  lawful  money 
of  the  United  States,  to  be  levied  of  our  respective  goods  and 
chattels,  lands  and  tenements,  and  to  be  void  on  this  condition, 
that  the  said  James  Wills  shall  pay  such  damage  as  the  Court 
may  adjudge  to  the  party  to  whom  said  stock  shall  really 
belong,  in  case  the  same  shall  not  be  the  property  of  the 
defendant. (a) 

Taken  and  acknowledged,  >^  James  Wills, 

March  1,  1860,  before    I  Seth  Jones, 

James  Davis,  j  Abel  Lea. 

Prothonotary.      ^ 


10.  Precipe  to  Levy  on  Stock  in  Defendant's  Name. 

p.  434,  pi.  29.     16  June  1836,  P.  L.  767. 


James  Wills 

V. 

John  Gregg. 


In  the  Court   of  Common  Pleas  of  Chester 

County. 
^  (See  Judgment  against  Defendant,  February 

1,  1860,  in  Judgment  Dock.  H,  p.  10.) 
Debt,  $500.  Interest  from  Feb.  1,  1860. 
Costs,  &c. 


Issue  process  in  the  nature  of  an  attachment  upon  said 
judgment  against  the  defendant  to  levy  upon  ten  shares  in  the 
Capital  Stock  of  the  Bank  of  Chester  County,  held  in  the  name 
of  the  said  John  Gregg. (a) 

Yours,  &c. 

William  Marshall, 
James  Davis,  Esq.,  Plaintiff's  Attorney. 

Prothonotary.  March  1,  1860, 


25 


(a)  See  Lex  v.  Potters^  4  Harris  295. 


386  EXECUTION. 

11.   Claim  of  Ownership  of  Stock,  Affidavit  and  Recognisance. 

p.  434,  pi.  29.     16  June  1836,  P.  L.  767. 

-r  ,,^  -,  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills     |       „ 

(       County. 

_  '  f  Attachment  Execution,  May  Term,  1860. 

John  Gregg.      I  ^t     -.  a  ■>       j  ' 

-'  No.  10. 

May  1, 1860,  Enoch  Rex  claims  to  be  the  owner  of  the  stock 
levied  on  under  the  above  execution. 

ExocH  Rex. 

Chester  county,  ss. 

Enoch  Rex,  being  duly  sworn,  says,  that  the  ten  shares  in 
the  Capital  Stock  of  the  Bank  of  Che-ster  County,  held  in  the 
name  of  John  Gregg,  the  above-named  defendant,  and  levied 
on  by  virtue  of  the  above  execution,  is  really  the  property  of 
this  deponent. 

Sworn  and  subscribed,  May  6,  ^  Enoch  Rex. 

1860,  before  "       I 

James  Davis,  [ 

Prothonotary. 

Chester  county,  ^ss. 

We,  Enoch  Rex,  Seth  Jones  and  Abel  Lea,  severally  ac- 
knowledge ourselves  to  be  indebted  to  James  Wills,  the  plaintiff 
in  the  above  execution,  in  the  sum  of  five  hundred  dollars,  to  be 
levied  of  our  respective  goods  and  chattels,  lands  and  tene- 
ments, and  to  be  void  on  this  condition,  That  the  said  Enoch 
Rex  shall  pay  to  the  said  James  AVills,  such  damages  as  the 
Court  may  adjudge  to  him,  if  the  stock  levied  on  under  the 
above  execution  shall  really  belong  to  the  said  John  Gregg,  the 
defendant. 

Taken  and  acknowledged,  May  .  Enoch  Rex, 

1,  1860,  before  I  Seth  Jones, 

James  Davis,  j  Abel  Lea. 

Prothonotary.      ^ 


EXECUTION.  387 

12.   Order  to  admit  Claimant  of  Stock  to  become  a  Party,  ^e. 

p.  434,  pi.  29.     16  June  1836,  P.  L.  767. 

T  Txr         -\   In  the   Court  of  Common  Pleas  of  Chester 

James  Wills.)       ^ 

f        County. 

r         A  \   Attachment  Execution. 

^''™'^''"'^"- J  Of  May  Term,  I860.    No.  10. 

And  now,  May  1, 1860,  Enoch  Rex  having  claimed  to  be  the 
owner  of  the  stock  levied  on  under  the  above  execution,  and 
having  filed  an  affidavit  and  entered  into  Recognisance  accord- 
ing to  the  Act  of  Assembly  in  such  cases  made  and  provided, 
the  Court  admit  the  said  Enoch  Rex  to  become  a  party  to  the 
record  in  the  above  case,  and  to  take  defence  in  like  manner  as 
if  he  were  made  garnishee  in  the  writ  issued  in  such  case. 


13.  Precipe  for  Attachment  Execution. 

p.  434,  pi.  30.     16  June  1836,  P.  L.  767. 

James  Wills  ^  t      ^       r^  o   r^ 

\  in    the    Court    ot    Common 
V.  > 

^         „  ,  ,  T.  I       Pleas  of  Chester  County. 

Jonx  Gregg  and  James  Robb.  J  "^ 

(See  Judgment  against  Defendant,  February  1,  1860,  in 
Judg.  Dock.  H,  p.  10.) 

Issue  writ  of  attachment  against  the  defendant  to  attach  and 
levy  in  satisfaction  of  said  judgment  all  debts  and  dividends 
due  to  the  defendants  and  each  of  them,  by  Seth  Jones  and 
Abel  Lea,  assignees  in  trust  for  creditors  of  Enoch  Rex,  and  all 
other  debts,  deposits,  goods  and  chattels  in  hands  or  possession 
of  said  Seth  Jones  and  Abel  Lea,  and  insert  in  said  writ  of 
attachment,  a  clause  in  the  nature  of  a  Scire  Facias  against 
garnishee,  &c.,  requiring  the  said  Seth  Jones  and  Abel  Lea  to 
appear  at  the  next  Term  of  said  Court  and  show  cause  why  said 


388  EXECUTION. 

judgment  shall  not  be  levied  of  the  effects  of  the  defendants  in 
their  hands. 

Debt §500 

Int.  from  February  1,  1860. 
Costs,  &c. 

Yours,  &c. 

AYiLLiAM  Marshall, 
James  Davis,  Plaintiff's  Attorney. 

Prothonotary.  May  1,  1860. 


14.  Sheriff's  Heturn  to  Attachment  Execution. 

P.  435,  pi.  31.     16  June  1836,  P.  L.  768. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

I,  the  within-named  Sheriff,  do  certify  and  return  that  by 
virtue  of  the  within  writ,  I  did  on  the  thirteenth  day  of  June, 
A.  D.  1855,  go  to  the  within-mentioned  Seth  Jones,  and  in  pre- 
sence of  Morgan  Reese,  a  credible  person  of  the  neighborhood, 
attached  and  levied  all  debts  and  dividends  due  to  the  defend- 
ants or  either  of  them  by  the  said  Seth  Jones  and  Abel  Lea, 
assignees  in  trust  for  creditors  of  Enoch  Rex  or  either  of  them, 
and  in  the  hands  of  the  said  Seth  Jones  as  one  of  the  said 
assignees,  payable  to  the  said  defendants  or  either  of  them, 
especially  certain  dividends  adjudged  to  be  due  to  the  within- 
named  John  Gregg  and  James  Robb  by  the  decree  of  the  said 
Court,  upon  the  report  of  George  Boyd,  Esquire,  Auditor, 
distributing  the  balance  of  the  estate  of  said  Enoch  Rex  in 
the  hands  of  said  assignees.  And  also  that  I  did  on  the 
same  day  personally  give  notice  to  the  said  Seth  Jones  and 
John  Gregg  of  the  contents  of  the  said  writ,  and  gave  to 
each  of  them  a  true  and  attested  copy  thereof;  and  I  do  further 
certify  and  return,  that  I  did  on  the  twenty-seventh  day  of  the 
same  month  go  to  the  within-named  Abel  Lea,  and  in  the  pre- 
sence of  Benjamin  Passmore,  a  credible  person  of  the  neigh- 
borhood, attached  and  levied  all  debts  and  dividends  due  to  the 
defendants  and  each  of  them  by  the  said  Seth  Jones  and  Abel 


EXECUTION.  389 

Lea,  assignees  aforesaid,  or  either  of  them,  and  in  the  hands  of 
the  said  Abel  Lea  as  one  of  the  said  assignees,  payable  to  the 
said  defendants  or  either  of  them,  especially  certain  dividends 
adjudged  to  be  due  to  the  within-named  John  Gregg  and  James 
Robb,  by  the  decree  of  the  said  Court  upon  the  report  of  said 
George  Boyd,  Esquire,  Auditor,  distributing  the  balance  of  the 
estate  of  said  Enoch  Rex  in  the  hands  of  said  assignees ;  and 
also  that  I  did,  on  the  last-mentioned  day,  give  notice  to  the 
said  Abel  Lea  personally  of  the  contents  of  said  writ,  and  gave 
him  a  true  and  attested  copy  thereof,  and  that  the  said  James 
Robb  is  not  a  resident  of  the  County  of  Chester. 

So  answers, 
Jesse  John, 
Sheriff. 


15.  Refunding  Bond  for  Legacy  Attached. 

p.  435,  pi.  35.     13  April  1843,  P.  L.  235. 

^  In  the  Court   of  Common  Pleas  of  Chester 
James  Wills   |      p,      , 
f       County. 

'  r  Attachment  Execution. 

John  Gregg.  )  ^^  ^^^  ^^^^^  ^^^^^    ^^^  ^^^ 

Know  all  men  by  these  presents  that  we,  James  Wills,  the 
plaintiff  above  named,  Seth  Jones  and  Abel  Lea,  all  of  the 
County  of  Chester,  are  held  and  firmly  bound  to  Enoch  Rex, 
Executor,  &c.,  of  Charles  Gregg,  late  of  the  Township  of  Penn 
in  said  county,  deceased,  in  the  sum  of  one  thousand  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  Enoch 
Rex,  his  certain  attorney,  executors,  administrators  and  assigns, 
to  which  payment  well  and  truly  to  be  made,  we  do  bind  our- 
selves jointly  and  severally,  firmly  by  these  presents ;  Sealed 
with  our  seals,  dated  the  first  day  of  September,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty  : 

Whereas  by  virtue  of  the  above  attachment,  a  certain  legacy 
of  five  hundred  dollars,  bequeathed  by  the  will  of  the  said 
Charles  Gregg,  deceased,  to  the  said  John  Gregg  the  above- 


390  EXECUTION. 

named  defendant,  was  attached  and  levied  upon  and  adjudged 

to  be  in  the  hands  of  the  said  Enoch  Ilex,  Executor  aforesaid  : 

Now  the  condition  of  this  obligation  is  such,  that  if,  after  the 

payment  of  said  legacy  to  the  said  James  Wills,  any  debt  or 

demand  shall  be  recovered  against  the  estate  of  the  said  Charles 

Grrcgg,  or  otherwise  be  duly  made  to  appear,  he,  the  said  James 

Wills,  shall  refund  the  rateable  part  of  such  debt  or  demand 

and  the  costs  and  charges  attending  the  recovery  of  the  same, 

then  this  obligation  shall  be  void,  or  else  be  and  remain  in  full 

force  and  virtue. 

Sealed  and  delivered  in  the  ^  ^           „^           r-        -, 

r.                       I  James  Wills,  [l.  s.  | 

presence  ot                          (  ^          ^              ):        i 

William  Marshall,       f  S^th  Jones,     [l.  s.] 

T         T\    ■  J  Abel  Lea.        Fl.  s.  | 

James  Davis.  ■-        -■ 


16.  Interpleader — Application  of  Sheriff. 

p.  437,  pi.  44.     ]0  April  1848,  P.  L.  450. 

T  TTT        N  In  the  Court  of   Common    Pleas  of   Chester 

James  Wills  ^ 

f       County. 

T        ^;.  (Of  May  Term,  1860.     No.  10. 

John  Gregg.  )  _,     ,  j;  ' 

-^  Fieri  Facias. 

To  the  Honorable,  the  Judges  of  the  said  Court  : 

The  petition  of  Jesse  John,  Sheriff  of  said  county,  Respect- 
fully represents. 

That  by  virtue  of  the  above  writ  of  Fieri  Facias,  he  has 
levied  on  and  taken  possession  of  the  goods  contained  in  the 
inventory  hereto  annexed,  as  the  property  of  the  above  defend- 
ant, and  claim  has  been  made  to  the  said  goods  and  chattels  by 
Enoch  Rex,  who  is  not  a  party  against  whom  said  process  issued : 

The  petitioner  therefore  prays  the  Court  to  grant  a  rule  upon 
the  plaintiff  in  said  Execution  and  the  said  Enoch  Rex,  to  appear 
and  maintain  or  relinquish  their  respective  claims  to  the  pro- 
perty levied  on  under  the  above  Execution. 

And  he  will,  &c. 

Jesse  John, 

Sheriff. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


EXECUTION.  391 

« 

17.  Interpleader — Affidavit  of  Claimant. 

p.  437,  pi.  44.     10  April  1S48,  P.  L.  450. 

T  ITT         -V     In  the  Court  of  Common  Pleas   of  Chester 

James  Wills  ) 

f  County. 

JohkGee««.J    Of  J%  Term,  1860.    No.  10. 

Fieri  iacias. 
Chester  county,  ss. 

Enoch  Rex,  being  duly  sworn,  says,  that  by  virtue  of  the 
above  writ  of  Fieri  Facias,  Jesse  John,  SherifiF  of  said  county, 
has  levied  upon  and  taken  in  Execution  the  goods  and  chattels 
in  the  schedule  hereto  annexed ;  that  this  deponent  claims  to 
be  and  is  the  owner  of  said  goods  and  chattels. 


Sworn  and  subscribed,  May  1 
1860,  before 

James  Davis, 

Prothonotary. 


Enoch  Rex. 


18.  Interpleader — Bond  of  Claimant. 

P  437,  pi.  44.    10  April  1848,  P.  L.  450. 


James  Wills 

V 


In  the  Court  of  Common  Pleas  of  Chester 
County. 
JobnGregu.)    Of  May  Tc™,  1860.    No.  10. 
^     Fieri  Facias. 
Know  all  men  by  these  presents,  that  we,  Enoch  Rex,  Seth 
Jones  and  Abel  Lea,  all  of  the  County  of  Chester,  are  held 
and  firmly  bound  unto  the  above-named  James  Wills,  in  the 
sum  of   one   thousand   dollars,   lawful  money  of   the  United 
States,  to  be  paid  to  the  said  James  Wills,  his  certain  attorney, 
executors,  administrators  and  assigns,  to  which  payment  well 
and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  firmly  by  these  pre- 
sents :   Sealed  with  our  seals,  dated  the  first  day  of  May,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty : 


392  EXECUTION. 

Whereas,  Jesse  Jolin,  Sheriff  of  said  County  of  Chester,  by 
virtue  of  the  above  writ  of  Fieri  Facias,  has  levied  and  taken 
possession  of  the  goods  in  the  annexed  schedule  specified,  Tvhich 
goods  are  claimed  by  the  said  Enoch  Rex  to  be  his  property ; 
and  -whereas  the  said  Court  of  Common  Pleas,  under  the  power 
granted  them  by  the  9th  section  of  the  Act  of  April  10,  1848, 
to  extend  the  Chancery  powers  of  certain  Courts,  has  directed 
an  issue  to  determine  whether  the  right  of  property  to  said 
goods  and  chattels  levied  upon  and  claimed  as  aforesaid,  or  any 
part  thereof  is  in  the  said  claimant : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
goods  and  chattels  levied  upon  and  claimed  as  aforesaid,  shall 
be  forthcoming  upon  the  determination  of  the  said  issue  to 
answer  the  said  writ  of  Execution,  if  the  issue  shall  be  de- 
termined in  favor  of  the  said  James  Wills,  or  if  as  many  of 
such  goods  and  chattels  shall  be  forthcoming,  as  shall  be  deter- 
mined not  to  be  the  property  of  the  said  Enoch  Rex,  then  this 
obligation  to  be  void,  or  else  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the 
presence  of 

James  Davis, 
William  Marshall. 


Enoch  Rex,  [l.  s.] 
Seth  Jones,  [l.  s.] 
Abel  Lea.     [l.  s.] 


19.  Interpleader — Declaration,  Plea,  ^c. 

p.  437,  pi.  44.     10  April  1S4S,  P.  L.  450. 

In  the  Court  of  Common  Pleas  of  Chester  County.  Of 
August  Term,  1860.     No.  10. 

Chester  county,  ss. 

Enoch  Rex  of  said  county,  complains  of  James  Wills  of  said 
county :  For  that  whereas  heretofore,  to  wit,  on  the  first  day 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty,  before  the  making  of  the  promise  and  undertaking  of 
the  defendant  hereinafter  mentioned,  to  wit,  on  the  day  and  year 
aforesaid,  at  the  county  aforesaid,  a  certain  discourse  was  had 


EXECUTION.  393 

and  moved  by  and  between  the  plaintiff  and  defendant,  -wherein 
a  certain  question  then  and  there  arose,  that  is  to  say,  whether 
the  right  of  property  in  certain  goods  and  chattels,  or  any  of 
them,  viz.  (specifying  the  goods  and  chattels) :  which  had  been, 
heretofore,  to  wit,  on  the  tenth  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty,  levied  upon  by  the 
Sheriff  of  said  county,  under  and  by  virtue  of  a  writ  of  Fieri  Facias 
issued  out  of  said  Court,  No.  10,  to  May  Term  thereof,  in  the 
year  aforesaid,  at  the  suit  of  the  defendant  herein,  against  one 
John  Gregg,  was  in  the  plaintiff  herein  at  the  time  of  the  said 
levy ;  and  in  that  discourse  the  plaintiff  then  and  there  affirmed 
that  the  right  of  property  in  the  said  goods  and  chattels  was  in 
him  the  plaintiff  at  the  time  of  the  levy  thereupon  ;  which 
affirmation  the  defendant  then  and  there  contradicted,  and  then 
and  there  affirmed  to  the  contrary  thereof;  and  thereupon, 
afterwards,  to  wit,  on  the  day  and  year  aforesaid,  at  the  county 
aforesaid,  in  consideration  that  the  plaintiff  at  the  special  instance 
and  request  of  the  defendant,  had  then  and  there  paid  to  the 
defendant  the  sum  of  one  hundred  dollars,  lawful  money  of  the 
United  States,  he  the  defendant  undertook,  and  then  and  thero 
faithfully  promised  the  plaintiff  to  pay  him  the  sum  of  two  hun- 
dred dollars  of  like  lawful  money,  if  the  right  of  property  in 
the  said  goods  and  chattels  so  as  aforesaid  levied  on  was  at  the 
time  of  the  said  levy  thereon  in  the  plaintiff;  and  the  plaintiff 
in  fact  says,  that  the  right  of  property  in  the  said  goods  and 
chattels  so  as  aforesaid  levied  on,  was,  at  the  time  of  the  levy 
thereon,  in  him  the  plaintiff,  to  wit,  at  the  county  aforesaid, 
whereof  the  defendant,  on  the  day  and  year  aforesaid,  at  the 
county  aforesaid,  had  notice  :  Whereby  the  defendant  then  and 
there  became  and  was  liable  to  pay  the  plaintiff  the  said  sum 
of  two  hundred  dollars,  and  being  so  liable  the  defendant,  in 
consideration  thereof,  promised  the  plaintiff  to  pay  him  the  said 
sum  of  two  hundred  dollars  when  he  should  be  thereunto  after- 
wards requested. 

Nevertheless,  the  defendant,  although  often  requested,  has  not 
paid  the  plaintiff  the  said  sum  of  money  or  any  part  thereof, 
but  the  same  to  him  to  pay  has  hitherto  wholly  refused  and  still 


394  EXECUTION. 

does  refuse,  to  the  damage  of  the  plaintiff,  five  hundred  dol- 
lars. And  therefore  he  brings  suit,  &c. 

William  Marshall, 

Plaintiff's  Attorney. 
And  the  defendant  by  George  Boyd  his  attorney,  comes  and 
defends  the  wrong  and  injury,  when,  &c.,  and  says,  that  the 
plaintiff  ought  not  to  have  or  maintain  his  aforesaid  action 
thereof  against  him,  because  he  says,  that  although  true  it  is 
that  the  said  discourse  was  had  and  moved  by  and  between  the 
plaintiff  and  the  defendant,  wherein  the  said  question  did  arise 
as  aforesaid  and  that  he,  the  defendant,  did  undertake  and 
promise  in  manner  and  form  as  the  said  plaintiff  hath  above  in 
that  behalf  alleged,  nevertheless,  for  plea  in  this  behalf  the 
defendant  says,  that  the  right  of  property  in  said  goods  and 
chattels  so  as  aforesaid  levied,  was  not  at  the  time  of  said  levy 
thereon  in  the  plaintiff  in  manner  and  form  as  the  plaintiff  has 
above  in  that  behalf  alleged,  and  of  this  the  defendant  puts 
himself  upon  the  country. 

George  Boyd, 
Defendant's  Attorney. 
And   the  plaintiff,  as  to  the  plea  of  the  defendant    above 
pleaded  whereof  the  defendant  has  put  himself  on  the  country, 
does  the  like. 

William  Marshall, 

Plaintiff's  Attorney. 


20.  Affidavit  of  Irregular  Sale,  ^c. 

p.  438,  pi.  45.     10  April  1849,  P.  L.  597. 

J  "Wttt'^  ^     ^^  *^®  Court  of  Common  Pleas  of  the  City 

(         and  County  of  Philadelphia. 

John  Greoo.  J    «?  -M-J  T"m,  1860.     No.  10. 
Fieri  Facias. 

Philadelphia  county,  ss. 

Enoch  Rex,  being  duly  sworn,  says,  that  he  is  assignee  for  the 
benefit  of  creditors  of  the  above  defendant,  John  Gregg  (or  as 
the  case  may  be) ;  that  the  personal  property  of  the  said  John 
Gregg  was  levied  on  by  the  Sheriff  by  virtue  of  the  above  exe- 


EXECUTION.  395 

cution ;  that  the  sale  was  made  under  the  following  circum- 
stances (set  out  the  circumstances),  and  therefore  was  so  irregu- 
lar and  fraudulent  as  to  produce  a  sacrifice  of  said  property 
to  the  prejudice  of  this  deponent  and  that  said  goods  have 
not  been  delivered. 


Sworn  and  subscribed,  April 
10,  1860,  before 
James  Davis, 

Prothonotarj. 


Enoch  Rex. 


James  Wills 

V. 


21.  Notice  of  Rent  Due. 

p.  438,  pi.  47.     16  June  1S36,  P.  L.  777. 

}In  the  Court  of  Common   Pleas  of  Chester 
County. 
Of  May  Term,  1860.     No.  10. 
±ieri  Jfacias. 
To  Jesse  John,  Sheriff  of  Chester  county : 
Please  to  take  notice,  that  the  premises,  upon  which  are  the 
goods  and  chattels  taken  by  virtue  of  the  above  execution,  are 
held  by  the  said  John  Gregg  under  a  demise  for  one  year  from 
the  undersigned,  at  a  rent  of  two  hundred  dollars  per  annum ; 
that  the  said  goods  and  chattels  are  liable  to  the  distress  of 
the  undersigned  as  landlord,  and  that  one  hundred  dollars  of 
said  rent  was  due  at  the  time  of  the  taking  of  said  goods  in 
execution. 

Enoch  Rex. 
May  1,  1860. 


22.    Waiver  of  Inquisition. 

P.  439,  pi.  51,  52.     16  June  1836,  P.  L.  777. 

>.     In  the  Court  of  Common  Pleas  of  Chester 
James  Wills    )        ^ 

(         County. 

i;  (Of  May  Term,  1860.     No.  10. 

John  Gregg.  J     t7-    •  t,    . 

May  1,  1860.     I,  Enoch  Rex,  being  the  owner  of  the  Real 


396  EXECUTION. 

Estate  levied  on  under  the  above  Fieri  Facias,  at  the  time  of 
the  issuing  thereof,  by  title  from  the  said  John  Gregg,  do 
dispense  with  and  waive  an  inquisition  of  the  same  as  provided 
by  Law. 

Enoch  Rex. 


23.  Election  of  Plaintiff  after  Condemnatio7i. 

p.  441,  pi.  65.     13  October  1840,  P.  L.  2. 

T        ^  -nr      ^  -x     In  the  Court  of  Common  Pleas  of  Chester 
James  Wills  ^ 

f         County. 

John  Gee««.  J    I'  ^^i^  T^™'  ^^^O.    No.  10. 
^     Fien  Facias. 

To  Jesse  John,  Sheriff  of  Chester  county : 

I,  James  Wills,  the  above-named  plaintiff,  hereby  signify  my 
election  to  permit  John  Gregg  the  defendant,  to  retain  the  pos- 
session of  the  Real  Estate  levied  upon  under  the  above  Execu- 
tion, at  the  annual  valuation  and  appraisement  of  the  same 
made  by  the  inquest. 

Witness  my  hand  the  second  day  of  May,  a.  d.  1860. 

James  Wills. 


24.  AcceiJtance  of  Defendant  after  Condemnation. 

p.  441,  pi.  65.     13  October  1840,  P.  L.  2. 

T  TTT  -s     In  the  Court  of  Common  Pleas  of  Chester 

James  Wills  ^ 

f  County. 

T         !!"  I     Of  May  Term,  1860.     No.  10. 

John  Gregg.    )     _,.    .  j;    .      ' 
-'     ±ieri  Jtacias. 

To  Jesse  John,  Sheriff  of  Chester  county : 

You  are  hereby  notified  that  I,  John  Gregg,  the  above-named 
defendant,  am  willing  to  retain  the  Real  Estate  levied  on  under 
the  above  Execution,  at  the  annual  valuation  and  appraisement 
thereof  made  by  the  inquest. 

Witness  my  hand, 

May  2,  1860.  John  Gregg. 


EXECUTION. 


397 


James  Wills     ^ 


25.  Affidavit  of  Non-payment  of  Rent  after  Acceptance. 

p.  441,  pL  68.     13  October  1S40,  P.  L.  2. 

In  the  Court  of  Common  Pleas  of  Chester 

County. 

^'  I  Of  May  Term,  1860.     No.  10. 

John  Gregg.     )  -^.    .4,    . 

-'  Jiien  J^acias. 

Chester  county,  ss. 

James  Wills,  the  plaintiff  above  named,  being  duly  sworn 
says,  that  an  half-yearly  instalment  of  the  annual  valuation 
and  appraisement  of  the  real  estate  levied  on  under  the  above 
execution  and  retained  by  him  the  said  John  Gregg,  was  due 
on  the  fifth  day  of  November  last,  and  that  the  said  John 
Gregg  has  failed  to  make  payment  of  the  same  for  the  period 
of  thirty  days. 

Sworn  and  subscribed,  December  .  James  Wills. 

1,  A.  D.  1860,  before  I 

James  Davis,  f 

Prothonotary.       ^ 


26.  Application  to  Distribute  after  Acceptance  by  Defendant. 

p.  441,  pi.  69.     13  October  1840,  P.  L.  2. 

„,  ^  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills     |       „ 

I       County. 

!!:  (Of  May  Term,  1860.     No.  10. 

John  Gregg.     )  ^.    .  ^    . 

■^  j^ieri  ±acias. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleaa 
above  named : 

The  petition  of  Enoch  Rex,  a  lien  creditor  of  the  above- 
named  defendant.  Respectfully  represents. 

That  the  inquest  under  the  above  Fieri  Facias,  having  been 
of  opinion  that  the  clear  profits  of  the  real  estate,  levied  on  by 
virtue  of  said  execution,  would  be  sufficient  to  pay  the  debt 
and  damages  to  be  levied  by  the  same,  together  with  the  costs, 
beyond  all  reprises  within  seven  years,  did  value  the  yearly  rents 


398  EXECUTION. 

and  profits  of  said  land  beyond  all  reprises  at  the  sum  of  five 
hundred  dollars,  and  the  plaintifi"  having  elected  to  permit  the 
defendant  to  retain  the  possession  of  the  same  at  the  said 
annual  valuation  and  appraisement,  the  defendant  has  notified 
to  the  Sheriff  his  willingness  to  retain  said  real  estate  at  such 
valuation  and  appraisement. 

The  petitioner  therefore  prays  the  Court  to  make  an  order 
directing  the  manner  in  "which  the  money  arising  from  such 
half-yearly  instalments  shall  be  distributed  amongst  the  lien 
creditors  of  said  defendant. 

And  he  will,  &c. 

Enoch  Rex. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


27.  Application  to  Sequester  Life  Estate. 

p.  443,  pi.  81.     13  October  1840,  P.  L.  3. 

T-  ,„  .  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills     |      ^ 

f       County. 

^'  \  Of  May  Term,  1860.     No.  10. 

John  Gregg.      I   „.    .  -A    . 

-^  ±ieri  J^acias. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  above  named  : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 

That  he  is  a  lien  creditor  of  the  above  defendant  John 
Gregg ;  that  by  virtue  of  the  above  Fieri  Facias,  the  life  estate 
of  the  said  defendant  in  a  certain  tract  of  land,  viz. :  A  mes- 
suage, &c.  (describing  it),  was  taken  in  execution  by  the  Sheriff; 
that  said  real  estate  is  improved  land,  yielding  rents,  issues 
and  profits. 

The  petitioner  therefore  prays  the  Court  to  award  a  writ  to 
sequester  the  rents,  issues  and  profits  of  the  said  estate,  and  to 
appoint  a  sequestrator  to  carry  the  same  into  effect. 

And  he  will,  &c. 

May  10,  1860.  Enoch  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


James  Wills    "] 


V. 


EXECUTION.  399 

28.  Bond  of  Sequestrator. 

p.  443,  pL  83.     13  October  1840,  P.  L.  3. 

In  tlie  Court  of  Common  Pleas  of  Chester 

County. 

("Of  May  Term,  1860.     No.  10. 
John  Gregg.      I   ^.    .  ^    . 

■'  Mien  lacias. 

Know  all  men  by  these  presents,  that  we,  George  Boyd,  Seth 
Jones  and  Abel  Lea,  all  of  said  County  of  Chester,  are  held 
and  firmly  bound  to  the  Commonwealth  of  Pennsylvania,  in 
the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Commonwealth,  her  certain  attor- 
ney or  assigns,  to  which  payment  well  and  truly  to  be  made,  we 
do  bind  ourselves  jointly  and  severally,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents;  Sealed  with  our  seals, 
dated  the  tenth  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty : 

g;,  Whereas  on  the  application  of  Enoch  Rex,  a  lien  creditor  of 
said  John  Gregg,  the  said  Court  awarded  a  writ  to  sequester 
the  rents,  issues  and  profits  of  the  life  estate  of  the  said  John 
Gregg,  taken  in  execution  under  the  above  writ  of  Fieri  Facias, 
and  did  appoint  the  said  George  Boyd  sequestrator,  to  carry 
said  writ  into  effect : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  George  Boyd,  sequestrator  aforesaid,  shall  faithfully 
execute  his  said  trust,  then  this  obligation  shall  be  void,  or  else 
be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in^  George  Boyd,  [l.  s.] 

presence  of  f  Setii  Jones,      [l.  s.] 

Job  Mann,  |  Abel  Lea.        [l.  s.] 

David  Bond.      ^ 


400  EXECUTION. 

29.  Notice  to  Sheriff  to  Appraise  Yearly  Value  of  Life  Estate. 

p.  444,  pi.  86.     24  January  1849,  P.  L.  676. 

_  ,„  ^  In  the  Court  of  Common  Pleas  of  Chester 

James  A\ills     j      ^ 

f       County. 

'"'  (  Of  May  Term,  1860.     No.  10. 

John  Gregg.      I  _.    ,  j;    . 

^  Jtteri  ±aeias. 

To  Jesse  John,  Esq.,  SheriflF  of  the  said  County  of  Chester: 
You  are  hereby  requested  to  cause  the  inquest  to  be  held  by 
you  on  the  lands  taken  in  execution,  by  virtue  of  the  above 
Execution,  to  make  appraisement  of  the  yearly  value  of  the 
lands  so  taken  by  you,  in  which  I,  the  above  defendant,  have  a 
life  estate,  and  return  the  same  according  to  law. 

John  Gregg. 
April  20,  1860. 


30.  Notice  to  Plaintiff  of  Request  to  Value  Life  Estate. 

p.  444,  pi.  86.     24  January  1849,  P.  L.  676. 

^  In  the  Court  of  Common  Pleas  of  Chester 
James  \v  ills      |      ^ 

I       County. 

^-  (  Of  May  Term,  1860.     No.  10. 

John  Gregg.     \  ^.    .  d.    . 

-'  Fieri  iacias. 

To  James  Wills,  plaintiiF  above  named : 
Please  to  take  notice,  that  I  have  requested  the  Sheriff  of 
said  county  to  cause  the  inquest  to  be  held  on  the  lands  taken 
by  virtue,  of  the  above  Execution  in  which  I,  the  defendant 
above  named,  have  a  life  estate,  to  make  an  appraisement  of 
the  yearly  value  of  said  lands,  and  to  return  the  same  accord- 
ing to  law. 

John  Gregg. 
April  20,  1860. 


EXECUTION.  401 

31.  Inquisition  of  Lands  in  Adjoining  Counties. 

p.  444,  pi.  87.     13  June  1840,  P.  L.  692. 

Inquisition  taken  at  the  OfiBce  of  the  Sheriff  of  the  County 
of  Chester,  on  the  twenty-seventh  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty,  before  Jesse  John, 
Sheriff  of  said  county,  by  virtue  of  the  annexed  writ  of  Levari 
Facias,  on  the  oaths  and  affirmations  of  Seth  Jones,  &c.  (set  out 
names),  twelve  honest  and  lawful  men  of  his  bailiwick,  who,  upon 
their  oaths  and  affirmations  aforesaid  do  say  ;  that  the  land  taken 
in  execution  by  virtue  of  said  writ,  viz. :  (describing  it),  being  part 
of  the  following  described  land  lying  in  the  said  County  of 
Chester  and  Berks,  viz.:  (describing  it),  cannot  be  sold  sepa- 
rately and  apart  from  the  other  part  lying  in  said  County  of 
Berks,  without  prejudice  to  the  whole  (or  as  the  case  may  be); 
and  the  inquest  aforesaid,  on  their  oaths  and  affirmations  afore- 
said, do  further  say,  that  the  following  described  part  of  said 
tract  of  land  lying  in  the  said  County  of  Berks,  viz. :  (describing 
it),  (or  all  such  land  lying  in  the  said  County  of  Berks,  as  the 
case  may  be),  ought  to  be  sold  with  that  part  in  the  County  of 
Chester,  taken  in  execution  as  aforesaid.  In  witness  whereof 
as  well  the  said  Sheriff  as  the  inquest  aforesaid,  have  to  this  in- 
quisition set  their  hands  and  seals  the  day  and  year  aforesaid. 

Jesse  John,  [l.  s.] 
Sheriff. 

Seth  Jonep,  [l.  s.] 
&c.,  &c. 


32.  Suggestion  and  Affidavit  for  Testatum  Fieri  Facias. 

p.  445,  pi.  91.     16  June  1836,  P.  L.  775. 

T  Wrrm'^  ^^    ^^^  Court  of   Common    Pleas  of  Chester 

(       County. 
'  I  Judgment    against    Defendant,    February    1, 

JOHN    IxREGG.  )         ^^^^^  ^^^  ^^^^^       g^^  ^^^^^^  ^^^^    ^^^  ^    ^ 

April  1,  1860,  James  Wills,  the  plaintiff  above-named,  sus:- 
26  ^ 


402  EXECUTION. 

gests  that  Jolin  Gregg,  the  defendant  in  said  judgment,  has  no 
real  or  personal  estate  in  the  County  of  Chester. 

James  Wills. 

Issue   Testatum  Fieri  Facias  on  the  above  judgment,  to  the 
County  of  Bucks.     Returnable  to  next  term. 

Debt, $500. 

Interest  from  February  1,  1860. 
Costs,  &c. 

Yours,  &c. 

William  Marshall, 

Plaintiff's  Attorney. 
To  James  Davis,  Esq.,  April  1,  1860. 

Prothonotary. 

Chester  county,  ss. 

James  Wills,  being  duly  sworn  says,  that  the  above  sugges- 
tion is  true  as  he  verily  believes. 

Sworn  and  subscribed,  April  1,  ^  James  Wills. 

1860,  before  V 

James  Davis,  Prothonotary.  J 


33.  Receipt  of  Lien  Creditor  Purchaser. 

p.  446,  pL  100.     20  April  1846,  P.  L.  411. 

-r  ,,j        -.   In   the  Court  of   Common    Pleas  of  Chester 

James  Wills  ) 

f       County. 

-r         li  (Of  May  Term,  1860.     No.  10. 

John  Gregg.  I   _^     ,.  .     .  „ 

Venditioni  iLxponas. 

I,  Enoch  Rex,  purchaser  of  the  land  sold  under  the  above 
execution  and,  as  a  lien  creditor  of  the  said  John  Gregg,  being 
entitled  to  receive  the  sum  of  five  hundred  dollars,  a  portion  of 
the  proceeds  of  such  sale,  acknowledge  to  have  received  from 
Jesse  John,  Sheriff  of  said  county,  the  said  sum  of  five  hun- 
dred dollars,  agreeably  to  the  provisions  of  the  Act  relative  to 
lien  creditors  becoming  purchasers,  passed  the  twentieth  day 
of  April,  A.  D.  1846. 

Enoch  Rex. 


EXECUTION.  403 

34.  Return  of  Sheriff  on  Purchase  of  Lien  Creditor. 

p.  446,  pi.  101.     20  April  1846,  P.  L.  411. 

To  tlie  Judges  within  named  : 

I,  Jesse  John,  the  within-named  Sheriff,  do  certify  and  return, 
that  by  virtue  of  the  annexed  writ,  after  due  public  and  timely 
notice  of  the  time  and  place  of  sale,  I  did,  on  the  first  day  of 
April  last,  expose  the  premises  within  mentioned  to  sale,  by 
public  vendue  or  outcry,  and  sold  the  same  to  Enoch  Rex  of 
said  county,  for  the  sum  of  one  thousand  dollars,  he  being  the 
highest  and  best  bidder  and  that  the  highest  price  bidden  for 
the  same ;  and  I  do  further  return,  that  the  said  Enoch  Rex, 
the  above-named  purchaser,  is  a  lien  creditor  of  the  said  John 
Gregg,  the  defendant,  entitled  as  such  to  receive  the  sum  of  five 
hundred  dollars  of  the  proceeds  of  said  sale ; — that  I  have 
received  the  receipt  of  the  said  Enoch  Rex  for  said  sum,  and 
hereto  attach  a  list  of  the  liens  on  said  Real  Estate  so  sold  as 
aforesaid  ;  and  the  remainder  of  the  moneys  for  which  said  land 
was  sold,  I  have  ready  before  the  Judges  aforesaid  at  the  day 
and  place  within  contained,  as  within  I  am  commanded. 

Jesse  John, 

Sheriff. 


35.  Application  for  Issue. 


P.  446,  pi.  101,  104.  P.  447,  pi.  105.  20  April  1846,  P.  L.  411.  16  June  1836, 

P.  L.  777. 

■^   In   the  Court  of  Common   Pleas  of  Chester 

James  Wills         County. 

V.  V  Of  May  Term,  1860.     No.  10. 

John  Gregg.      Venditioni  Exponas. 
Money  in  Court. 
To   the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  above  named : 

The  petition  of  Enoch  Rex,  Respectfully  represents. 

That  he  is  a  lien  creditor  of  the  above-named  John  Gregg, 


404  EXECUTION. 

the  defendant  and  as  such,  interested  in  the  distribution  of  the 
money  in  Court,  that  there  are  material  facts  in  dispute  in 
relation  to  said  distribution,  the  nature  and  character  of  which 
arc  as  follows,  viz.  (set  out  the  facts). 

The  petitioner  therefore  prays  the  Court  to  direct  an  issue 
to  try  said  disputed  facts. (a) 

And  he  will,  &c. 

Enoch  Rex. 
(Aflfidavit  of  truth  of  petition  to  be  appended.) 


36.  Refunding  Bond  after  Distribution  and  Appeal. 

p.  447,  pi.  111.     16  June  1836,  P.  L.  77S. 

-.In  the   Court  of  Common   Pleas  of   Chester 
James  vV  ills  |      ^ 

(   County. 

'"'  f  Of  May  Term,  1860.  Ko.  10. 

John  Gregg.  J   ^r    j-/-     ■  t^ 

Venditioni  ±jxponas. 

Know  all  men  by  these  presents,  that  we,  Enoch  Rex,  Seth 
Jones  and  Abel  Lea,  all  of  the  said  County  of  Chester,  are  held 
and  firmly  bound  unto  the  Commonwealth  of  Pennsylvania  in 
the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  Commonwealth,  her  certain  attorney 
and  assigns,  to  which  payment  well  and  truly  to  be  made,  we  do 
bind  ourselves,  jointly  and  severally,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents  ;  Sealed  with  our  seals, 
dated  the  first  day  of  June,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty  : 

Whereas  by  a  decree  of  the  said  Court  of  Common  Pleas, 
distributing  the  money  in  Court  under  the  above-stated  execu- 
tion, the  said  money,  to  wit,  the  sum  of  five  hundred  dollars, 
was  ordered  to  be  paid  to  the  said  Enoch  Rex,  and  whereas 
James  Robb  has  appealed  from  said  decree  to  the  Supreme  Court 
of  Pennsylvania,  and  the  said  Court  of  Common  Pleas  has 
ordered  the  said  money  to  be  paid  to  the  said  Enoch  Rex  upon 
his  giving  sufiicient  real  security  to  refund,  according  to  the 
Act  of  Assembly  in  such  case  made  and  provided : 
(a)  See  Biddle  v.  King,  1  Phila.  Rep.  394. 


EXECUTION.  405 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
Enoch  Rex  shall  refund  the  said  sum  of  five  hundred  dollars 
with  interest  thereon,  or  so  much  thereof  as  shall  be  required 
by  the  Court,  if  said  decree  shall  be  reversed  or  altered,  then 
this  obligation  to  be  void,  or  else  to  be  and  remain  in  full  force 
and  virtue.(a) 

Sealed  and  delivered  in  >.  Enoch  Rex,  [l.  s.] 

the  presence  of  (  Seth  Jones,  [l.  s.] 

George  Boyd,      f  Abel  Lea.     [l.  s.][ 

John  Rea. 


37.  Petition  for  the  Successor  of  Deceased  Sheriff  to  Acknow- 
ledge Deed. 

p.  449,  pi.  122.     16  June  1836,  P.  L.  780, 

,^^         -,  In  the  Court  of    Common   Pleas  of  Chester 
James  Wills  )      ^ 

f       County. 

^  '  (Of  May  Term,  1860.     No.  10. 

John  Gregg. J   _     ^.\     .^' 

Venditioni  iLxponas. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  said  County  of  Chester : 

The  petition  of  James  Wills,  the  plaintiff  in  the  above-named 
execution,  Respectfully  represents,  That  by  virtue  of  the  same, 
a  certain  messuage  and  tract  of  land  (describing  them),  the  pro- 
perty of  the  defendant,  was,  on  the  twentieth  day  of  April  last, 
sold  by  Jesse  John,  then  Sheriff  of  said  county,  to  Enoch  Rex, 
for  the  sum  of  one  thousand  dollars  ;  that  since  the  said  sale  and 
before  the  execution  and  acknowledgment  by  him  of  any  deed 
for  the  said  real  estate,  the  said  Jesse  John  has  died.  The  peti- 
tioner therefore  prays  the  Court,  by  an  order  to  be  entered  on 
the  records  thereof,  to  direct  William  Keen,  the  present  Sheriff, 
to  execute  a  deed  of  said  real  estate  to  the  said  Enoch  Rex, 

(a)  This  is  given  as  the  form  of  bond;  hut  as  the  Act  of  Assembly  requires 
"  real  security,"  the  bond  should  be  secured  by  mortgage,  and  be  accompanied 
bv  a  warrant  of  attorney  to  confess  judgment. 


406  EXECUTION. 

upon  the  terms  required  by  the  Act  of  Assembly  in  such  case 
made  and  provided. 

And  he  will,  &c. 

James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


38.  Petition  for  Sheriff  to  Perfect  Defective  Deeds. 

p.  449,  pi.  124.     16  June  1S36,  P.  L.  7S0. 

-.  In  the    Court  of  Common    Pleas  of  Chester 
James  vvills  )      ^ 

f       County. 

^'  (Of  May  Term,  1860.     Ko.  10. 

John  Gregg.  I   „     7./.     .  ^ 

^    Venditioni  Ji,xponas. 

To  the  Honorable,  the  Judges  of  said  Court : 
The  petition  of  Enoch  Rex  of  said  county,  Respectfully  re- 
presents, That  the  petitioner  is  the  purchaser  of  a  messuage 
and  tract  of  land,  &c.  (describing  them),  sold  by  virtue  of  the 
above  execution,  as  the  property  of  John  Gregg,  the  defendant ; 
that  he  has  paid  the  purchase-money  of  the  same  and  all  the 
costs  and  charges  for  which  he  was  liable  ;  that  a  deed  for  the 
same  was  executed  by  Jesse  John,  Sheriff  of  said  county,  which 
is  informal  and  defective  for  the  following  reasons,  viz.  (set  out 
particulars  of  informality).  The  petitioner  therefore  prays  the 
Court,  by  an  order  to  be  entered  on  the  records  of  said  Court, 
to  compel  the  said  Sheriff  to  perfect  the  title  to  the  petitioner 
as  purchaser  aforesaid. 

And  he  will,  &c. 

Enoch  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


EXECUTION.  407 

39.  Petition  to  Perfect  Defective  Return. 

p.  449,  pi.  125.     21  April  1846,  P.  L.  430. 

T  ixr         ^   In  the  Court  of   Common   Pleas  of   Chester 

James  Wills  ) 

(       County. 

John  Gregg.  J  Of  May  Term,  1860.    No.  10. 

Venditioni  Exponas. 
To  the  Honorable,  the  Judges  of  said  Court : 
The  petition  of  Enoch  Rex,  Respectfully  represents, 
That  certain  real  estate,  viz.,  a  messuage,  &c.  (describing 
them),  was  sold  on  the  twentieth  day  of  April  last,  by  the 
Sheriff  of  said  county,  under  the  above  execution,  as  the  pro- 
perty of  the  defendant,  John  Gregg,  and  purchased  by  the 
petitioner ;  and  that  said  Sheriff  has  made  a  defective  and 
informal  return  of  bis  proceedings  on  said  execution ;  as  ap- 
pears by  the  facts  herein  set  forth,  viz.  (set  out  facts).  The 
petitioner  therefore  prays  the  Court  to  direct  notice  to  be 
given  to  the  defendant  in  said  execution  and  all  other  persons 
interested  therein,  to  appear  in  this  Court  on  a  day  certain  to 
be  fixed  by  the  Court,  to  answer  this  petition,  and  that  the 
Court  will  thereupon  examine  into  the  facts  of  the  case  and 
make  such  order  and  decree  therein  as  justice  and  equity  may 
require  and  is  directed  by  the  Act  of  Assembly  in  such  case 
made  and  provided. 

And  he  will,  &c. 

Enoch  Rex. 
(Aflfidavit  of  truth  of  petition  to  be  appended.) 


40.  Notice  to  Quit  after  Sheriff's  Sale. 

p.  450,  pi.  128.     16  June  1836,  P.  L.  780. 

James  Wills  ^  ^^  *^^®  Court  of  Common  Pleas  of  Chester 

I       County. 
John  Gregg.   [Of  May  Tern,,  1860.    No.  10. 

Venditioni  Exponas. 
To  John  Gregg,  defendant  above  named : 

lou  are  hereby  notified,  that  the  lands  sold  by  virtue  of  the 


408  EXECUTIOX. 

above  execution  aa  your  property,  situate,  &c.  (describing  them), 
and  now  in  your  possession,  were  purchased  by  me,  and  that  a 
deed  from  the  SherifiF  to  me  was  duly  acknowledged  on  the  first 
day  of  May  instant.  I  therefore  require  you  to  surrender  to 
me  possession  of  said  lands  within  three  months  from  the  date 
hereof.     Witness  my  hand  the  second  day  of  May,  A.  D.  1860. 

Enoch  Rex. 


41.    Petition  to  Justices   to   obtain  Possession  after  Sheriff's 

Sale. 

p.  450,  pi.  129,  130.     16  June  1836,  P.  L.  781. 


James  Wills 

V. 

John  Gregg. 


In  the    Court  of  Common  Pleas  of  Chester 

County. 
Of  May  Term,  1860.     Ko.  10. 
Venditioni  Exponas. 
To  John  Graves  and  John  Newlin,  Esquires,  Justices  of  the 
Peace  of  said  county  : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 
That  by  virtue  of  the  above  execution,  he  purchased  at 
Sheriif's  sale  a  certain  messuage,  &c.  (describing  them),  as  the 
property  of  the  defendant,  John  Gregg,  and  that  a  deed  to  the 
petitioner  for  the  same  was  duly  acknowledged  by  the  Sheriff 
of  said  county  on  the  first  day  of  May  last ;  that  John  Gregg, 
the  defendant,  is  now  in  possession  of  the  same  and  has  had 
notice,  in  accordance  with  the  Act  of  Assembly  in  such  case 
made  and  provided,  of  said  sale  to  the  petitioner,  and  was 
required  to  give  up  said  estate  three  months  previously  to  this 
application,  viz.,  on  the  second  day  of  the  said  month  of  May ; 
that  the  said  John  Gregg  ha«  refused  and  neglected,  and  still 
does  refuse  and  neglect  to  comply  with  said  notice  and  requi- 
sition, and  give  up  said  estate  as  aforesaid  :  The  petitioner 
therefore  prays  the  said  Justices,  to  issue  a  warrant  directed  to 
the  Sheriff"  of  said  county,  commanding  him  to  summon  a  jury 
of  twelve  men  of  his  bailiwick,  to  appear  before  said  Justices  at 
a  time  and  place  to  be  specified  within  four  days  after  the  issu- 


EXECUTION.  409 

ing  thereof,  and  also  to  summon  the  said  John  Gregg  to  appear 
before  said  justices  and  jury  and  show  cause,  if  any  he  has,  why 
the  delivery  of  possession  of  said  lands  and  tenements  should 
not  forthwith  be  given  to  the  petitioner. 

And  he  will,  &c. 

Enoch  Rex. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


42.    Warrant  to  Sheriff  to  summon  Jury  for  PurcJiaser,  ^^c. 

p.  450,  pi.  130.     16  June  1836,  P.  L.  781. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  the 
County  of  Chester  ; — Greeting : 

Whereas  we  have  been  informed  by  the  petition  of  Enoch 
Rex,  that  he  has  purchased  at  a  Sheriff's  sale,  a  certain  mes- 
suage, &c.  (describing  them),  late  the  property  of  John  Gregg,  and 
that  a  deed  for  the  same  to  the  said  Enoch  Rex,  was  duly  ac- 
knowledged by  the  said  Sheriff  on  the  first  day  of  May  last 
past,  that  the  said  John  Gregg  is  now  in  possession  of  said  pre- 
mises, has  had  notice  of  said  sale  and  was  required  to  give  up 
said  estate  more  than  three  months  before  the  application  of 
said  petitioner  ;  that  the  said  John  Gregg  has  refused  and  still 
does  refuse  to  comply  with  the  notice  and  requisition  of  the  pe- 
titioner as  aforesaid  :  We  therefore  command  you,  that  you  sum- 
mon a  jury  of  twelve  men  of  your  bailiwick,  to  appear  before 
the  undersigned,  two  of  the  Justices  of  the  Peace  of  said  county, 
at  the  house  of  Seth  Lea,  in  the  borough  of  West  Chester  in 
said  county,  on  the  sixth  day  of  August  instant,  to  inquire  of 
such  things  as  may  be  submitted  to  them  in  the  premises,  and 
also  that  juu  summon  John  Gregg  of  said  county,  to  appear 
before  the  said  justices  and  jury  at  the  same  time  and  place, 
to  show  cause,  if  any  he  has,  why  delivery  of  possession  of 
said  estate  sliould  not  be  forthwith  given  to  the  petitioner. 
Witness  the  hands  and  seals  of  the  said  justices,  the  second  day 


410  EXECUTION. 

of  August,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred sixty. 

JoHx  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


43.  Justices  Record  in  Proceedings  for  Possession  of 
Purchaser. 

p.  450,  pi.  129.     16  June  1836,  P.  L.  781. 

Enoch  Rex  ^  Before  John  Graves  and  John  Newlin,  Es- 
V.  V      quires,  Justices  of  the  Peace  of  the  County 

John  Gregg.  J      of  Chester. 

August  2,  1860.  The  petition  of  Enoch  Rex  verified  by  his 
oath,  was  presented  to  the  said  Justices,  setting  forth  that  the 
petitioner  had  purchased  at  Sheriff's  sale,  a  certain  messuage, 
&c.  (describing  them),  sold  as  the  property  of  John  Gregg, 
and  that  the  deed  for  the  same  to  the  petitioner  had  been  duly 
acknowledged  by  the  Sherifi"  of  Chester  County  on  the  first  day 
of  March  last ;  that  the  said  John  Gregg  being  in  possession  of 
said  premises  at  the  time  of  this  application,  was  duly  notified 
of  the  sale  of  the  same  to  the  petitioner  and  required  to  give 
up  said  estate  three  months  previously  to  said  application  : 
Whereupon, — same  day,  a  warrant  was  issued  by  said  Justices  to 
the  Sheriff  of  Chester  County,  commanding  him  to  summon  a 
jury  of  twelve  men,  to  appear  before  the  said  Justices,  at  the 
house  of  Seth  Lea,  in  the  borough  of  West  Chester  in  said 
County  of  Chester,  on  the  sixth  day  of  August  instant,  to  in- 
quire of  the  premises,  and  also  to  summon  the  said  John  Gregg 
to  appear  before  the  said  Justices  and  jury  at  the  same  time 
and  place,  and  show  cause,  if  any  he  had,  why  delivery  of  the 
possession  of  the  said  messuage,  &c.,  should  not  be  given  to  the 
petitioner. 

And  now,  August  6th,  1860,  the  said  jury  having  come  be- 
fore the  said  Justices,  at  the  time  and  place  in  said  warrant 
named,  and  the  said  John  Gregg  having  also  appeared,  and  the 
said  jury  having  been  duly  sworn  and  affirmed,  the  said  justice 


EXECUTION.  411 

and  jury  proceeded  to  inquire  of  the  premises,  and  found  that 
the  said  Enoch  Rex  has  become  the  purchaser  of  the  real  es- 
tate in  his  petition  mentioned,  viz, :  a  messuage,  &c.  (describing 
it),  at  the  sale  of  the  Sheriff  of  the  same,  as  the  property  of 
the  said  John  Gregg,  and  that  a  Sheriff's  deed  therefor  was 
duly  acknowledged  by  the  Sheriff  aforesaid,  on  the  first  day  of 
May  last ;  that  the  said  John  Gregg,  the  person  now  in  posses- 
sion of  said  real  estate,  was  the  defendant  in  the  execution 
under  which  the  same  was  sold,  and  has  had  notice  of  said  sale 
and  of  the  requisition  of  the  said  Enoch  Rex  to  give  up  said 
estate  three  months  previously  to  his  said  application  ;  and  that 
the  said  John  Gregg  has  refused  and  neglected  to  comply  with 
said  notice  of  requisition  to  surrender  the  possession  of  said 
premises  to  the  petitioner,  and  the  jury  assessed  the  sum  of 
one  hundred  dollars  against  the  said  John  Gregg  as  damages 
for  the  unjust  detention  of  the  premises  : — whereupon  the  said 
Justices,  same  day,  do  award  possession  of  said  real  estate  to 
the  said  Enoch  Rex,  and  enter  judgment  against  the  said  John 
Gregg  for  the  sum  of  one  hundred  dollars,  the  damages  afore- 
said, and  the  sum  of  fifty  dollars  as  the  reasonable  costs  taxed 
by  said  Justices. 

Same  day, — warrant  issued  by  the  Justices  to  the  Sheriff  of 
said  county,  forthwith  to  deliver  to  the  said  Enoch  Rex,  full 
possession  of  said  lands  and  tenements,  and  to  levy  the  costs 
and  damages  aforesaid. 


44.  Inquisition  for  Possession  of  Purchaser. 

p.  450,  pi.  132.     16  June  1836,  P.  L.  781. 

Inquisition,  taken  at  the  house  of  Seth  Lea,  in  the  borough  of 
West  Chester  and  County  of  Chester,  on  the  sixth  day  of 
August,  A.  D.  one  thousand  eight  hundred  and  sixty,  before 
John  Graves  and  John  Newlin,  Esquires,  two  of  the  Justices 
of  the  Peace  of  said  county,  upon  the  oaths  and  affirmations 
of  Abel  Jones,  James  Robb,  &c.,  &c.,  twelve  men  of  said  County 
of  Chester,  who  being  duly  sworn  and  affirmed  and  charged  to 


412  EXECUTION. 

inquire  of  the  premises,  do  say,  that  Enoch  Rex,  in  the  annexed 
■warrant  named,  has  become  the  purchaser  of  the  real  estate 
therein  mentioned,  viz. :  (describing  it),  by  purchase  at  SheriflTs 
sale,  as  the  property  of  the  therein-named  John  Gregg,  and 
that  a  SheriiF's  deed  therefor  to  the  said  Enoch  Rex  was  duly 
acknowledged,  on  the  first  day  of  May  last ;  that  the  said 
John  Gregg,  now  in  possession  of  said  real  estate,  was  the  de- 
fendant in  the  execution  under  which  the  same  was  sold ;  that 
he  has  had  three  months*  notice  of  said  sale  and  of  the  requisi- 
tion of  the  said  Enoch  Rex  to  surrender  the  possession  there- 
of to  him  previously  to  the  said  application  and  that  the  said 
John  Gregg  has  hitherto  refused  and  neglected  to  comply  with 
said  notice  and  requisition  ;  and  the  jury  do  assess  the  damages 
against  the  said  John  Gregg  for  the  unjust  detention  of  the 
premises,  at  the  sum  of  one  hundred  dollars. 

In  witness  whereof,  as  well  the  said  Justices  as  the  jury 
aforesaid,  have  to  this  inquisition  set  their  hands  and  seals,  the 
day  and  year  first  above  written. 

JoHX  Graves,  [l.  s.] 
JoHX  Newlin,  [l.  s.] 
James  Robb,  [l.  s.] 
Abel  Jones,  [l.  s.] 
&c.,  &c. 


45.    Warrant  to  Sheriff  to  deliver  Possession. 

p.  450,  pi.  135.     16  June  1836,  P.  L.  782. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  the  Sheriff  of  the 
County  of  Chester  ; — Greeting  : 

Whereas  the  undersigned.  Justices  of  the  Peace  of  said 
County,  on  the  sixth  day  of  August,  A.  D.  one  thousand  eight 
hundred  and  sixty,  did  award  the  possession  of  certain  real  es- 
tate, viz. :  (describing  it),  now  held  by  John  Gregg,  to  Enoch 
Rex,  and  did  also  enter  judgment  against  the  said  John  Gregg, 
for  the  sum  of  one  hundred  dollars,  damages  sustained  by  the 


EXECUTION.  413 

said  Enoch  Rex,  by  reason  of  the  unjust  detention  of  said  pre- 
mises by  the  said  John  Gregg,  together  with  fifty  dollars  costs 
of  said  proceeding. 

These  are  therefore  to  command  you,  forthwith  to  deliver  to 
the  said  Enoch  Rex,  his  heirs  or  assigns,  full  possession  of  said 
lands  and  tenements  and  levy  the  said  sums  of  fifty  dollars 
costs  and  one  hundred  dollars  damages  of  the  estate  of  said 
John  Gregg,  and  for  so  doing  this  shall  be  your  sufiicient  war- 
rant. Witness  the  hands  and  seals  of  said  Justices,  the  sixth 
day  of  August,  A.  D.  one  thousand  eight  hundred  and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


46.  Affidavit  of  Tenant  of  Title  in  Himself. 

p.  451,  pi.  137,  I.     16  June  1836,  P.  L.  782. 

Enoch  Rex  ^  Before   John   Graves   and   John   Newlin,  Es- 
V.  V      quires.    Justices    of  the    Peace    of    Chester 

James  Robb.  J       County. 

Proceedings  to  obtain  possession  of  real  estate  purchased  at 
Sheriff's  sale. 

Chester  county,  ss. 

James  Robb,  above  named,  being  duly  sworn  says,  that  he 
has  not  come  into  possession  of  the  premises,  the  subject  of  the 
above  proceedings,  viz.  (describe  them),  and  does  not  claim  to 
hold  them  under  John  Gregg,  the  defendant  in  the  execution 
under  which  the  said  Enoch  Rex  alleges  that  he  purchased,  but 
that  the  deponent  came  into  possession  of  said  premises  and 
claims  to  hold  the  same  in  his  own  right,  by  conveyance  from 
Charles  Gregg,  dated  April  1,  1858  (stating  title  in  short). 

Sworn  and  subscribed.  May  1,  ^  James  Robb. 

A.  D.  1860,  before  V 

John  Graves,  J.  P.      J 


414  EXECUTION. 

47.  Affidavit  of  Tenant  of  Title  from  Defendant  before 
Judgment. 

p.  451,  pi,  137,  II.     16  June  1836,  P.  L.  782. 

Enoch  Rex  '\  Before   John   Graves   and   John   Newlin,  Es- 
V.  V      quires,   Justices   of  the   Peace   of    Chester 

1  James  Robb.  J       County. 

Proceedings  to  obtain  possession  of  real  estate  purchased  at 
Sheriflf's  sale. 

Chester  county,  ss. 

James  Robb,  above  named,  being  duly  sworn  says,  that  he 
has  come  into  possession  of  the  premises,  the  subject  of  the 
above  proceedings,  viz.  (describe  them),  by  title  derived  to  him 
from  John  Gregg,  the  defendant  in  the  execution  under  which 
the  same  were  sold,  before  the  judgment  under  which  the  said 
execution  and  sale  took  place,  to  wit,  by  lease  of  said  premises 
from  the  said  John  Gregg,  dated  the  first  day  of  April,  A.  D. 
1858,  for  the  term  of  five  years  (or  as  the  case  may  be),  which 
term  will  expire  on  the  first  day  of  April,  A.  D.  1863. 

Sworn  and  subscribed,  May  ^  James  Robb. 

1,  1860,  before  V 

John  Graves,  J.  P.      J 


48.  Affidavit  of  Tenant  of  Title  in  Third  Person. 

p.  451,  pi.  138.     16  June  1836,  P.  L.  782. 

Enoch  Rex  ^  Before   John    Graves   and   John   Newlin,    Es- 
V.  V      quires.   Justices   of  the   Peace   of    Chester 

James  Robb.  J       County. 

Proceedings  to  obtain  possession  of  real  estate  purchased  at 
Sheriff" 's  sale. 

Chester  county,  ss. 

James  Robb,  above  named,  the  person  in  possession  of  the 
premises,  the  subject  of  the  above  proceeding,  viz.  (describe 


EXECUTION.  415 

them),  being  duly  sworn,  says,  that  he  does  not  hold  the  same 

under  John  Gregg,  the  defendant  in  the  execution  under  which 

the  sale  took  place,  but  under  Seth  Lea,  by  a  lease  from  the 

said  Seth  Lea,  dated  April  1,  1858,  for  the  term  of  three  years. 

Sworn  and  subscribed,  August  1,  ^  James  Robb. 

1860,  before  V 

John  Graves,  J.  P.       I 


49.  Summons  to  Person  utider  whom  the   Tenant  Claims  to 

Hold. 

p.  451,  pi.  138.     16  June  1836,  P.  L.  782. 

Enoch  Rex  "]  Before   John  Graves  and  John   Newlin,  Es- 
V.  y     quires.    Justices   of  the   Peace   of  Chester 

James  Robb.  J       County. 

Proceedings  to  obtain  possession  of  real  estate  purchased  at 
Sheriff's  sale. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  Seth  Lea ;  Greeting  : 
Whereas,  James  Robb,  above  named,  being  the  person  in 
possession  of  the  premises  claimed  in  said  proceedings,  viz. 
(describe  them) :  has  made  oath  before  said  Justices,  that  he 
does  not  hold  the  same  under  John  Gregg,  the  defendant  in  the 
execution  under  which  the  sale  took  place,  but  under  you,  the 
said  Seth  Lea,  by  lease  dated  April  1,  1858,  for  the  term  of 
three  years. 

These  are  therefore  to  command  you,  the  said  Seth  Lea,  to 
appear  before  the  said  Justices  at  the  office  of  the  said  John 
Graves  in  the  Borough  of  West  Chester,  on  the  twenty-fifth 
day  of  May  instant,  A.  D.  1861,  at  ten  o'clock  in  the  forenoon 
of  said  day,  then  and  there  to  make  oath  or  affirmation,  and 
enter  into  recognisance,  according  to  the  Act  of  Assembly  in 
such  case  made  and  provided.  Witness  the  hands  and  seals  of 
the  said  Justices,  the  first  day  of  May  aforesaid. 

John  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


416  EXECUTION. 

60.   Oath  of  Person  under  whom  Tenant  Claims. 

p.  451,  pi.  139.     16  June  1836,  P.  L.  783. 

Enoch   Eex  \  Before  John  Graves    and    John    Newlin,   Es- 
V.  V      quires,    Justices    of  the   Peace  of   Chester 

James  Robb.  J       County. 

Chester  county,  ss. 

I,  Seth  Lea,  do  swear,  that  I  verily  believe  that  I  am  entitled 
to  hold  the  premises  in  dispute  against  Enoch  Rex  the  peti- 
tioner ;  that  I  do  not  claim  the  same  by,  from  or  under  John 
Gregg  the  defendant,  as  whose  property  the  same  were  sold  (or 
"  that  I  do  not  claim  the  same  by,  from  or  under  the  defendant 
John  Gregg,  as  whose  property  the  same  were  sold,  by  title 
derived  to  me  subsequent  to  the  rendition  of  the  judgment  under 
which  the  same  were  sold,"  or  as  the  case  may  be),  but  by  a 
different  title,  viz.  (state  title  in  short). 

Sworn  and  subscribed,  May  25,  ^  Seth  Lea. 

A.  D.  1861,  before  \ 

John  Graves,  J.  P.      j 


51.  Recognisance  of  Persons  Claiming  Lands  Purchased,  ^c. 

P.  451,  pi.  140.     16  June  1S36,  P.  L.  783. 

Enoch  Rex  ^  Before    John  Graves    and  John  Newlin,    Es- 
V.  V      quires.  Justices    of  the    Peace  of   Chester 

James  Robb.  J       County. 

Chester  county,  ss 

We,  James  Robb  above  named,  Seth  Jones  and  Abel  Lea, 
severally  acknowledge  ourselves  to  be  indebted  to  the  above- 
named  Enoch  Rex,  in  the  sum  of  one  thousand  dollars,  lawful 
money  of  the  United  States,  to  be  levied  of  our  respective  goods 
and  chattels,  lands  and  tenements  and  to  be  void  upon  condi- 
tion, that  the  said  James  Robb  shall  appear  at  the  next  Court 
of  Common  Pleas  of  said  county,  and  then  and  there  plead  to 
any  declaration  in  ejectment  which  may  be  filed  against  him, 
and  thereupon  proceed  to  trial  in  due  course  of  practice,  and  in 


FINES.  417 

case  he,  the  said  James  Robb,  should  fail  therein,  that  he  "will 
deliver  up  the  premises,  the  subject  of  the  said  proceedings, 
viz. :  (describe  them),  to  the  said  Enoch  Rex,  and  pay  him 
the  full  value  of  the  rents  or  mesne  profits  of  said  premises, 
accrued  from  the  time  of  the  purchase,  with  all  costs  and  dama- 
ges. 

Taken  and  acknowledged,  Maj^  James  Robb, 

25,  A.  D.  1861,  before  I  Seth  Jones, 

John  Graves,        f  Abel  Lea. 

John  Newlin.       ^ 


FINES. 

1.  Petition  to  remit  Recognisance. 

p.  478,  pi.  10.     9  December  1783,  2  Stn.  L.  86. 

Commonwealth  of^  t    ,,     ^      .  c  r\      ^     o     •        ^  m 

In  the  Court  oi  Quarter  bessions  oi  Ches- 

Pennsylvania      ;       ,        n       ^  1  1      -^i,     A        u 

\      ter    County : — charged    with    Assault 

'  and  Battery  on  Enoch  Rex. 

John  Gregg,      j 

To  the  Honorable,  the  Judges  of  said  Court :  The  petition  of 
James  Wills,  Respectfully  represents, 

That  the  petitioner  on  the  first  day  of  May  last,  was  bound 
to  the  Commonwealth  of  Pennsylvania  in  recognisance,  acknowl- 
edged in  this  Court,  in  the  sum  of  five  hundred  dollars,  conditioned 
that  the  defendant  above  named  should  be  and  appear  at  the  then 
next  sessions  of  said  Court,  to  be  held  on  the  first  Monday  in 
April  last,  to  answer  the  said  charge  of  assault  and  battery  and 
such  other  matters  as  should  be  then  and  there  lawfully  objected 
against  him,  and  not  depart  the  said  Court  without  leave :  that  the 
said  defendant  did  not  appear  according  to  the  condition  of  said 
recognisance,  whereby  the  same  was  forfeited  in  this  Court :  The 
petitioner  further  represents  that  (set  out  the  facts  on  which 
the  application  is  grounded) :  He  therefore  prays  the  Court  to 
hear  the  circumstances  of  the  case  and  on  such  hearing  to 
27 


418  FINES. 

moderate  or  remit  said  recognisance  according  to  Equity  and 
their  legal  discretion. 

And  he  will,  &c. 

June  10,  1860.  James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


2.  Appeal  from    Order  of  Quarter  Sessions  hi  Forfeited  Re- 
cognisance. 

P.  410,  pi.  8.     p.  411,  pi.  14.     p.  478,  pi.  11.     13  April  1791,  ."?  Sm.  L.  34.     16  June 
1886,  P.  L.  762.     2  December  1783,  2  Sm.  L.  86. 


The  Commonwealth 
OF  Pennsylvania 

V. 


In  the  Court  of  Quarter    Sessions    of 
the    Peace    of    Chester    County: — 
I       charged  with  Assault    and    Battery 
John  Gregg.       j      on  Enoch  Rex. 
Upon  petition  of  James  Wills,  recognisor  with  said  defend- 
ant, for  an  order  to  moderate  or  remit  the  forfeited  recognisance 
in  the  above  case  : 

August  1,  18G0.  James  Wills  appeals  to  the  Supreme 
Court  from  the  order  of  the  said  Court  ordering  said  forfeited 
recognisance  to  be  levied. 

James  Wills. 

Chester  county,  ss. 

James  Wills  the  above  appellant,  being  duly  sworn  says,  that 
said  appeal  is  not  intended  for  delay. 

Sworn  and  subscribed,  August^  James  Wills. 

11,  a.  d.  1860,  before 
Thomas  Evans, 

Clerk.      J 

We,  James  Wills,  appellant  above  named,  Abel  Jones  and 
Seth  Lea,  do  severally  acknowledge  ourselves  to  be  indebted  to 
the  Commonwealth  of  Pennsylvania,  in  the  sum  of  one  thou- 
sand dollars,  lawful  money  of  the  United  States,  to  be  levied  of 
our  goods  and  chattels,  lands  and  tenements,  and  to  be  void  on 
this  condition,  that  if  the  said  James  Wills  shall  prosecute  his 


FOREIGN   ATTACHMENT.  419 

said  appeal  with  effect,  and  if  the  said  order  be  affirmed  will 
pay  the  debt,  damages  and  costs  adjudged  or  accruing  upon 
such  order,  and  all  other  damages  that  may  be  awarded  on  said 
appeal,  then  this  recognisance  to  be  void  and  of  none  effect,  or 
else  to  be  and  remain  in  full  force  and  virtue. 
Taken  and  acknowledged,  August "" 

1,  1860,  before  James  Wills, 

Townsend  Haines,  v  Abel  Jones, 

Prest.  Judge  of  Court  of  Quar-  Seth  Lea. 

ter  Sessions. 


FOREIGN  ATTACHMENT. 

1.  Precipe. 

P.  491,  pi.  1,  &c.     13  June  1836,  P.  L.  580. 


James   Wills  ) 


-r  .^  1       County. 

John  Gregg.  J  '' 


In  the   Court  of  Common   Pleas   of  Chester 


Issue  Foreign  Attachment  in  debt,  $500,  against  the  defend- 
ant, returnable  to  May  Term  next. 
Bail  to  dissolve  $1000. 

The  Sheriff  will  attach  all  the  goods  and  chattels,  &c.,  of  the 
defendant,  in  the  hands  of  Enoch  Rex,  Executor,  &c.,  of  Charles 
Gregg,  deceased,  or  in  the  hands  and  possession  of  any  other 
persons  whatsoever,  and  summon  the  said  Enoch  Rex  and  such 
other  persons  as  garnishees. 

Yours,  &c. 
To  James  Davis,  William  Marshall, 

Prothonotary.  Plaintiff^s  Attorney. 


420  FOREIGN  ATTACHMENT. 

2.  Refunding  Bond  to  Executor,  Garnishee. 

p.  492,  pi.  7.    27  July  1842,  P.  L.  436. 

^  In  the  Court  of  Common   Pleas  of  Chester 
James  Wills  |     ^^^^^^^ 

^'  I  Of  May  Term,  1859.     No.  10. 

'      Foreign  Attachment.     Debt. 

Know  all  men  by  these  presents,  that  we,  James  Wills,  the 
above  plaintiff,  Abel  Jones  and  Seth  Lea,  all  of  said  County  of 
Chester,  are  held  and  firmly  bound  to  Enoch  Rex,  Executor 
of  the  last  will  and  testament  of  Charles  Gregg,  deceased,  in 
the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Enoch  Rex,  his  certain  attorney, 
executors,  administrators  and  assigns,  to  which  payment  well 
and  truly  to  be  made,  we  do  bind  ourselves  jointly  and  severally, 
our  heirs,  executors  and  administrators,  firmly  by  these  presents. 
Sealed  with  our  seals,  dated  the  first  day  of  May,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty. 

Whereas  by  virtue  of  the  writ  in  the  above-stated  action,  a 
certain  legacy  of  five  hundred  dollars,  bequeathed  by  the  will 
of  the  said  Charles  Gregg,  deceased,  to  the  said  John  Gregg, 
has  been  attached  in  the  hands  of  the  said  Enoch  Rex,  Execu- 
tor aforesaid,  and  whereas  the  said  James  Wills  is  about  to  re- 
ceive the  said  legacy  of  five  hundred  dollars  so  bequeathed 
and  attached  as  aforesaid,  of  the  said  Enoch  Rex,  the  Execu- 
tor aforesaid : 

Now  the  condition  of  this  obligation  is  such,  that  if  after  re- 
ceiving the  said  legacy  as  aforesaid,  any  debt  or  demand  shall 
be  recovered  against  the  estate  of  the  said  Charles  Gregg,  de- 
ceased, or  otherwise  be  duly  made  to  appear,  he,  the  said  James 
Wills  shall  refund  the  rateable  part  of  such  debt  or  demand 
and  the  costs  and  charges  attending  the  recovery  of  the  same, 
then  this  obligation  shall  be  void,  or  else  be  and  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  in  the 


presence  of 

William  Marshall, 
James  Davis. 


James  Wills,  [l.  s.] 
Abel  Jones,  [l.  s.] 
Seth  Lea.       [l.  s.] 


FOREIGN   ATTACHMENT. 


421 


3.  Precipe  for  Scire  Facias  against  Garnishee. 

P.  494,  pi.  15.     13  June  1836,  P.  L.  582. 


James  Wills 

V. 

Enoch  Rex,  Garnishee 
of  John  Gregg. 


In  the  Court  of  Common  Pleas  of 

Chester  County. 
See  Foreign  Attachment. 
No.  10.     To  May  Term,  1860. 
(Judgment  entered  in  Judgt.  Dock. 
H,  p.  10.) 

Issue  Scire  Facias  against  the  defendant  to  show  cause  if  any 
he  have,  why  the  plaintiff  should  not  have  execution  of  his  judg- 
ment in  said  Foreign  Attachment  of  the  estate  and  effects  in 
the  hands  and  possession  of  said  Garnishee. 
Returnable  to  next  term. 

William  Marshall, 
To  James  Davis,  Plaintiff's  Attorney. 

Prothonotary.  November  10,  1860. 


James  Wills 

V. 

Enoch  Rex,  Garnishee 
of  John  Gregg. 


4.  Interrogatories  to  G-arnishee. 

P.  494,  pL  16,  17.     13  June  1836,  P.  L.  582. 

In  the  Court  of  Common  Pleas  of 

Chester  County. 
Of  November  Term,  1860.     No.  2. 
Scire  Facias  against  Garnishee. 
(See    Foreign  Attachment   No.  10, 

to  May  Term,  1860.) 

Interrogatories  to  be  exhibited  by  above-named  plaintiff  to 
Enoch  Rex,  the  above-named  Garnishee  of  John  Gregg: 

Interrogatory  1.  Have  you,  or  had  you  at  the  time  of  the 
service  of  the  writ  in  the  above-stated  Foreign  Attachment 
upon  you,  or  at  any  time  since,  any  estate  and  effects  of  the 
said  John  Gregg  in  your  hands  and  possession :  if  so,  state 
what  estate  and  effects  you  have  or  had  in  your  possession,  as 
aforesaid. 

Interrogatory  2.  Have  you,  or  had  you  at  the  time  of  the 
service  of   said  writ,  or  at   any  time   since,  in   your   hands 


422  FOREIGN   ATTACHMENT. 

and  possession,  a  certain  legacy  of  five  hundred  dollars,  be- 
queathed by  the  will  of  Charles  Gregg  to  the  said  John  Gregg 
(or  as  the  case  may  be,  and  continuing  the  interrogatories  as 
the  circumstances  of  the  case  may  require). 

William  Marshall, 
November  10,  1860.  Plaintifi"'s  Attorney. 


James  Wills 

V. 

Enoch  Rex,  Garnishee 
of  John  Gregg. 


5.  Recognisance  of  Plaiyitiff  before  Execution. 

P.  495,  pi.  22.     13  June  1S36,  P.  L.  583. 

In  the  Court  of  Common  Pleas  of 

Chester  County. 
Of  November  Term,  1860.     No.  2. 
Scire  Facias  against  Garnishee. 
See   Foreign  Attachment,  No.   10, 
J       to  May  Term,  1860. 
Chester  county,  ss. 

We,  James  Wills,  Seth  Jones  and  Abel  Lea,  severally  ac- 
knowledge ourselves  to  be  indebted  to  the  above-named  John 
Gregg,  in  the  sum  of  one  thousand  dollars,  lawful  money  of  the 
United  States,  to  be  levied  of  our  goods  and  chattels,  lands  and 
tenements  respectively,  and  to  be  void  upon  this  condition,  that 
if  the  said  John  Gregg,  by  himself  or  attorney,  shall  within  a 
year  and  day  next  ensuing  the  date  of  this  recognisance,  come 
into  Court  and  disprove  or  avoid  the  debt  recovered  against  him 
in  the  above-stated  Foreign  Attachment,  or  shall  discharge  the 
same  with  costs,  in  such  case  the  said  James  Wills  shall  restore 
to  him,  the  said  John  Gregg,  the  goods  and  effects  attached  and 
condemned  as  aforesaid,  or  the  value  thereof,  or  so  much  as 
shall  be  disproved  or  discharged,  or  else  that  the  said  Seth 
Jones  and  Abel  Lea  will  do  it  for  him. 

Taken  and  acknowledged,  Dec.  1, .  James  Wills, 

1860,  before  (  Seth  Jones, 

Townsend  Haines,  f         Abel  Lea. 

President  of  Court  of  Common  Pleas.  ^ 

December  1,  1860.  I  approve  the  sureties  in  the  foregoing 
recognisance. 

Townsend  Haines,  Prest.  Judge. 


James  Wills 

V 


FOREIGN    ATTACHMENT.  423 

6.    Recognisance  to  Dissolve. 

P.  495,  pi.  24,  25.     13  June  18.36,  P.  L.  583.     20  March  1845,  P.  L.  189. 

In  tlie  Court  of  Common  Pleas  of  Chester 

County. 

T        "  (Of  May  Term,  1860.     No.  10. 

John  Gregg.      )  -n,      .       .  -r^  ,    Ar.^rt 

-^  Foreign  Attachment.     Debt  $500. 

Chester  county,  ss. 

We,  John  Gregg,  the  above  defendant,  Seth  Jones  and  Abel 
Lea,  all  of  said  County  of  Chester,  severally  acknowledge  our- 
selves to  be  indebted  to  the  said  James  Wills  in  the  sum  of  one 
thousand  dollars,  to  be  levied  of  our  goods  and  chattels,  lands 
and  tenements  respectively,  and  to  be  void  on  this  condition, 
that  the  said  John  Gregg  shall  pay  to  the  said  James  Wills,  the 
debt  or  damages,  interest  and  cost  that  may  be  recovered 
against  him  in  said  Foreign  Attachment. 

Taken  and  acknowledged,  June  1,  ^  John  Gregg, 

1860,  before  >  Seth  Jones, 

James  Davis,  Prothonotary.    J  Abel  Lea. 


7.  Application  for  Order  to  Sheriff  to  collect  Rents. 

p.  495,  pi.  28,  29.     13  June  1836,  P.  L.  574. 

T  „^  ^  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills     ) 

f       County. 

,        ^'  (Of  May  Term,  1860.     No.  10. 

John  Gregg.      )  ^      .       ,  -n.  ,    ^.^^ 

^  Foreign  Attachment.     Debt  ^oOO. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  said  County  of  Chester : 

The  petition  of  James  Wills,  the  above  plaintiff.  Respectfully 
represents, 

That  the  Sheriff  of  said  county  has  returned  to  the  writ  in 
the  above  case,  that  by  virtue  of  the  same,  he  has  attached  a 
certain  messuage,  &c.  (describing  it  as  returned),  the  property 
of  the  defendant,  which  has  been  demised  for  the  term  of  five 


424  FOREIGN   ATTACHMENT. 

years,  from  the  first  day  of  April  last,  to  Enoch  Rex,  reserving 
an  annual  rent  of  t-ffo  hundred  dollars,  payable  on  the  first  day 
of  April  in  every  year  during  the  continuance  of  said  demise : 
The  petitioner  further  represents,  that  he  has  a  just  cause  of 
action  against  the  defendant,  viz. :  a  bond  in  the  penal  sum  of 
one  thousand  dollars,  &c.  (setting  out  the  cause  of  action 
shortly),  on  which  the  sum  of  five  hundred  dollars  is  due  and 
unpaid.  The  petitioner  therefore  prays  the  Court  to  issue  a 
■writ  to  the  Sheriff,  requiring  him  to  collect  and  recover  from 
the  said  Enoch  Rex,  tenant  aforesaid,  all  the  rent  of  the  said 
demised  premises  which  shall  have  accrued  at  the  time  of  the 
execution  of  the  said  writ,  and  as  may  hereafter  accrue,  until 
the  further  order  of  the  Court. 

And  he  will,  kc. 

James  Wills. 

Chester  county,  ss. 

James  Wills,  the  above  petitioner,  being  duly  sworn,  says, 
that  the  statements  in  the  foregoing  petition  are  true  as  he 
rerily  believes,  and  that  he  has  a  just  cause  of  action  against 
the  said  John  Gregg,  as  set  out  in  said  petition. 

Sworn  and  subscribed,  June  1,  ^  James  Wills. 

1860,  before  I 

James  Davis,  Prothonotarv.  I 


James  Wills") 


8.  Ilule  to  assess  Damages. 

p.  494,  pi.  14.     8  May  1855,  P.  L.  532. 

In    the  Court  of   Common   Pleas  of   Chester 
Countv. 
JoHNGHE8«.|ofMa/Te™1860.    N„.  10. 
-^  r  oreign  Attachment. 
And  now,  October  28,  1860,  the  plaintiff  enters  a  rule  for 
the  Prothonotary  to  assess  damages  on  the  judgment  in  this 
case. 

William  Marshall, 

Plaintifi"'s  Attorney. 


GROUND-RENTS.  425 

Chester  countj,  ss. 

James  Wills,  the  above  plaintiff,  being  duly  sworn  says,  that 
there  is  due  to  him  from  the  defendant  in  the  above-stated 
Foreign  Attachment,  the  sum  of  five  hundred  dollars,  on  the 
following  cause  of  action,  viz.  (set  it  out). 

Sworn  and  subscribed,  October  )  James  Wills. 

28,  1860. 

James  Davis, 
Prothonotary. 

And  now,  December  25,  1860,  upon  the  affidavit  of  the  plain- 
tiff (or  as  the  case  may  be),  and  proof  made  and  filed  of  due 
publication  of  notice  of  the  rule  and  statement  of  the  claim  in 
this  case,  as  directed  by  the  Act  of  Assembly  in  such  case  made 
and  provided,  the  Prothonotary  assesses  the  damages  against 
the  defendant  in  favor  of  the  plaintiff  at  the  sum  of  five  hun- 
dred dollars,  as  of  October  28,  1860. 

James  Davis, 

Prothonotary. 


GROUND-RENTS. 


1.  Petition  for  Extinguishing,  ^c. 

p.  517,  pi.  7.     5  February  1826,  7  Sm.  L.  355. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills  of  said  county,  Kespectfully 
represents, 

That  Charles  Gregg,  of  the  Township  of  Penn  in  said  county, 
by  indenture  dated  the  first  day  of  October,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty,  granted  to  one 
Enoch  Rex  in  fee,  a  certain  messuage,  &c.  (describing  premises), 
reserving  thereout  to  the  said  Charles  Gregg,  his  heirs  and  as- 
signs, the  yearly  rent  or  sum  of  sixty  dollars,  lawful  money  of 
the  United  States,  payable  in  half-yearly  payments,  on  the 
first  days  of  April  and  October  in  every  year  thereafter  for 
ever,  without  any  deduction  or  abatement  for  taxes  or  charges  ; 
and  that  by  the  same  indenture  it  was  granted  and  provided, 


420  GROUXD-RENTS. 

that  if  he,  the  said  Enoch  Rex,  his  heirs  and  assigns,  should 
at  any  time  within  ten  years  of  the  date  of  said  indenture,  pay 
to  the  said  Charles  Gregg,  his  heirs  and  assigns,  the  just  and 
full  sum  of  one  thousand  dollars  and  the  arrearages,  if  any,  of 
the  said  yearly  rent  to  the  time  of  such  payment,  the  said 
yearly  rent  thereby  reserved  should  for  ever  thereafter  cease 
and  be  extinguished  and  the  covenant  for  the  payment  thereof 
should  become  void  and  of  none  effect,  and  that  he,  the  said 
Charles  Gregg,  his  heirs  and  assigns,  would  at  the  proper  costs 
and  charges  of  the  said  Enoch  Rex,  his  heirs  and  assigns,  by 
some  proper  deed  or  assurance  in  the  law,  to  be  well  and  suffi- 
ciently executed  and  acknowledged,  grant,  release  and  extin- 
guish the  said  yearly  rent  by  the  said  indenture  reserved  and 
all  his  and  their  estate  in  and  to  the  said  messuage  and  lot  of 
land,  &c.,  thereby  granted,  with  the  appertenances,  to  the  said 
Enoch  Rex,  his  heirs  and  assigns  for  ever,  anything  in  said  in- 
denture contained  to  the  contrary  notwithstanding :  That  by 
virtue  of  divers  conveyances,  the  said  messuage  and  lot  of  land, 
subject  to  the  said  ground-rent,  has  become  vested  in  the  peti- 
tioner, James  Wills,  in  fee,  and  that  the  said  Charles  Gregg, 
since  the  making  of  the  said  indenture,  died  seised  in  fee  of  said 
rent,  and  having  made  his  last  will  and  testament  in  writing 
bearing  date  the  first  day  of  March,  a.  d.  1855,  whereby, 
among  other  things,  he  devised  the  said  rent  to  his  son  John 
Gresg  in  fee,  and  that  the  said  John  Greg";  is  a  minor  and  has 
for  his  guardian  Seth  Jones ;  that  the  time  within  which  said 
ground-rent  may  be  extinguished  has  not  expired,  and  the  peti- 
tioner is  desirous  of  paying  the  said  sum  of  one  thousand  dol- 
lars and  the  arrearages  of  said  rent,  if  any,  which  may  be  due, 
and  receive  a  proper  deed,  releasing  and  extinguishing  the  same 
according  to  the  covenant  and  proviso  in  that  behalf  contained 
in  the  said  indenture,  but  that  by  reason  of  the  premises,  said 
ground-rent  has  become  vested  in  a  person  not  authorized  to  re- 
lease and  extinguish  the  same :  The  petitioner  therefore  prays, 
that  a  release  and  discharge  of  said  ground-rent  may  be  executed 
by  the  said  Seth  Jones,  guardian  of  the  said  John  Gregg,  in 
such  manner  and  form  as  the  Court  shall  judge  to  be  consistent 
with  the  true  intent  and  meaning  of  the  parties  to  the  said 
indenture,  and  that  the  Court  having  considered  the  prayer  of 


GROUND-RENTS.  427 

this  petition  and  the  contract  whereon  it  was  founded,  and  hav- 
ing adjudged  the  same  obligatory  between  the  parties,  shall 
make  an  order  authorizing  and  requiring  the  said  guardian,  on 
payment  being  made  to  him  of  all  arrearages  of  rent  and  inte- 
rest thereon,  if  any,  and  of  the  said  sum  of  one  thousand  dol- 
lars, specified  in  the  said  indenture,  to  make  and  execute  a 
sufficient  release  and  discharge  of  said  yearly  ground-rent. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


2.  Bond  of  Gruardian,  ^c,  on  Receiving,  ^c. 

p.  517,  pi.  7.     5  February  1821,  7  Sm.  L.  355. 

Know  all  men  by  these  presents,  that  we,  Seth  Jones,  guar- 
dian of  the  person  and  estate  of  John  Gregg,  a  minor  child  of 
Charles  Gregg,  late  of  the  Township  of  Penn  in  the  County  of 
Chester  and  State  of  Pennsylvania,  Abel  Lea  and  Francis 
Robb,  all  of  said  county,  are  held  and  firmly  bound  unto  the 
Commonwealth  of  Pennsylvania,  in  the  sum  of  two  thousand 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  Commonwealth,  her  certain  attorney  and  assigns,  to  which 
payment  well  and  truly  to  be  made,  we  do  bind  ourselves  jointly 
and  severally,  our  heirs,  executors  and  administrators,  firmly 
by  these  presents  ;  Sealed  with  our  seals,  dated  the  first  day  of 
August,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty. 

Whereas,  upon  the  petition  of  Enoch  Rex,  the  Court  of  Com- 
mon Pleas  of  said  county  did  this  day  order,  that  upon  the 
payment  to  the  said  Seth  Jones,  guardian  aforesaid,  of  the  sum 
of  one  thousand  dollars  and  the  arrearages  of  a  certain  yearly 
ground-rent,  vested  in  the  said  John  Gregg  and  reserved  out  of 
a  certain  messuage  and  lot  of  land  belonging  to  the  said  Enoch 
Rex  in  fee,  and  the  interest  thereon,  if  any,  he,  the  said  Seth 
Jones,  should  make  and  execute  to  the  said  Enoch  Rex,  his 
heirs  and  assigns,  a  sufficient  release  and  discharge  of  said 
ground-rent : 


428  HABEAS    CORPUS. 

Now  the  condition  of  this  obligation  is  sucli,  that  if  the 
abovc-bounden  Seth  Jones  shall  and  do  properly  and  legally 
appropriate  the  said  sum  of  one  thousand  dollars  and  the 
arrearages  of  said  ground-rent,  and  the  interest  thereon,  if 
any,  then  this  obligation  to  be  void,  or  else  to  be  and  remain  in 
full  force  and  virtue. 

Sealed  and  delivered  in  the 


presence  of 

James  Davis, 
William  Marshall. 


Seth  Jones,  [l.  s.] 
Abel  Lea,  [l.  s.] 
Francis  Robb.  [l.  s.] 


HABEAS  CORPUS. 


1.  Petition  on  Charge  of  Crime. 

p.  619,  pi.  1.     IS  February  1785,  2  Sm.  L.  275. 

To  the  Honorable  Townsend  Haines,  President  Judge  of  the 
Court  of  Common  Pleas  of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents, 

That  he  is  detained  by  Benjamin  Haines,  keeper  of  the  prison 
of  Chester  County,  for  supposed  criminal  matter  which  is  set 
forth  in  the  warrant  of  commitment,  a  copy  whereof  is  hereto 
annexed. 

The  petitioner  therefore  prays,  that  a  writ  of  Habeas  Corpus 
may  be  granted  and  awarded  under  the  seal  of  the  said  Court 
of  Common  Pleas,  directed  to  the  said  Benjamin  Haines,  com- 
manding him  to  have  the  body  of  the  petitioner  before  your 
Honor  immediately,  to  do,  submit  to  and  receive  whatsoever 
your  Honor  may  consider  right  in  that  behalf,  and  likewise  to 
certify,  specifically  and  fully,  the  true  causes  of  his  commit- 
ment and  detainer  and  when  he  was  committed. 

And  he  will,  &c. 

John  Gregg. 

Delivered  in  presence  of  ^ 
James  Boyd,       > 
George  Rex.       ) 

(Affidavit  of  truth  of  petition  to  be  appended.) 


INSOLVENT.  429 


2.  Petition  on  any  Restraint. 

p.  622,  pi.  14.     18  February  1785,  2  Sm.  L.  279. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents. 

That  the  petitioner  is  in  actual  confinement  and  restraint  of 
his  liberty,  by  Enoch  Rex,  and  that  such  confinement  and 
restraint,  to  the  best  of  his  knowledge  and  belief,  is  not  by 
virtue  of  any  commitment  or  detainer  for  any  criminal  or  sup- 
posed criminal  matter : 

The  petitioner  therefore  prays  the  court  to  award  and  grant  a 
writ  of  Habeas  Corpus  under  the  seal  of  said  Court,  to  the  said 
Enoch  Rex,  commanding  him  to  have  the  body  of  the  petitioner 
before  the  Court  immediately,  to  do,  submit  to  and  receive  what- 
soever the  Court  may  consider  right  in  this  behalf,  and  likewise 
to  certify  specifically  and  fully  the  true  causes  of  his  confine- 
ment and  restraint  and  the  time  of  his  confinement  and  restraint. 

And  he  will,  &c. 

John  Gregg. 

Delivered  in  the  presence  of  "j 
James  Boyd,  > 
George  Rex.        J 

(AflBdavit  of  truth  of  petition  to  be  appended.) 


INSOLVENT. 

1.  Petition  under  Bread  Act. 

p.  538,  pi.  5.    p.  539,  pi.  6.    26  March  1814,  6  Sm.  L.  201.    30  March  1833,  P.  L,  107. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents. 

That  he  was  committed  to  the  jail  of  Chester  County  by 

virtue  of  a  certain  writ  of  Capias  ad  Satisfaciendum  on  a  judg- 


430  INSOLVENT. 

ment,  for  the  sum  of  two  hundred  dollars,  recovered  in  an 
action  of  trespass  in  said  county  (No.  10,  to  May  Term,  18613), 
in  which  James  Wills 'is  plaintiff  and  the  petitioner  is  defendant, 
and  is  by  virtue  thereof  confined  in  said  jail ;  that  the  petitioner 
is  poor  and  insolvent : 

That  the  said  James  Wills  has  been  duly  notified  by  Benja- 
min Haines,  the  keeper  of  said  prison,  to  pay  for  the  support 
of  the  petitioner,  at  the  said  prison  on  every  Monday  morning, 
the  daily  allowance  fixed  and  ordered  by  this  Court,  and  that 
the  said  James  Wills  has  failed  for  the  space  of  three  days  to 
make  said  payment. 

The  petitioner  further  showing  to  the  Court  that  he  is  desti- 
tute of  property  for  his  support  in  prison,  and  that  failure  of 
payment  of  said  allowance  has  been  made  as  aforesaid,  prays 
the  Court  forthwith  to  discharge  him  from  imprisonment. 

And  he  will,  &c. 

John  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


2.  Petition  for  Discharge  from  Custody. 

p.  539,  pi.  12.     16  June  1836,  P.  L.  731. 

To  the  Honorable  Townsend  Haines,  President  Judge  of  the 
Court  of  Common  Pleas  of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents, 

That  he  has  been  arrested,  detained  and  held  in  custody  by 
Benjamin  Haines,  keeper  of  the  jail  of  Chester  county,  by 
virtue  of,  &c.  (describe  process). 

The  petitioner  therefore  prays  your  Honor  to  make  an  order 
for  his  discharge  from  such  custody,  upon  his  giving  bond  to 
the  plaintiff  in  said  suit,  in  such  amount  and  with  such  security 
as  shall  be  approved  by  your  Honor. 

And  he  will,  &c. 

John  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


INSOLVENT.  431 

3.   Order  to  Jailer,  to  DiscJiarge. 

p.  539,  pi.  13.     16  June  18.36,  P.  L.  731. 

To  Benjamin  Haines,  Keeper  of  the  Jail  of  Chester  County: 

l^ou  are  hereby  directed  forthwith  to  discharge  John  Gregg, 

now  held  by  you  in  custody,  by  virtue  of  (describe  process),  on 

his  paying  the  jail  fees,  if  any  be  due.     Witness  my  hand, 

March  1,  1860. 

TowNSEND  Haines, 

President  Judge, 

15th  Jud.  District. 


4.  Bond  to  take  Benefit,  ^e. 

p.  539,  pi.  14.     16  June  1836,  P.  L.  731. 

Know  all  men  by  these  presents,  that  we,  John  Gregg  and 
Francis  Parke,  all  of  the  county  of  Chester,  are  held  and 
firmly  bound  unto  James  Wills  of  the  same  place,  in  the  sum 
of  four  hundred  dollars,  lawful  money  of  the  United  States,  to 
be  paid  to  the  said  James  Wills,  his  certain  attorney,  executors, 
administrators  and  assigns,  to  which  payment  well  and  truly  to 
be  made,  we  do  bind  ourselves  jointly  and  severally,  our  heirs, 
executors  and  administrators,  firmly  by  these  presents :  Sealed 
with  our  seals,  dated  the  first  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty. 

Whereas  the  said  John  Gregg  has  this  day  been  discharged 
from  the  custody  of  Benjamin  Haines,  keeper  of  the  jail  of 
Chester  county,  where  he  was  held  by  virtue  of  (describe  pro- 
cess), at  the  suit  of  the  said  James  Wills,  upon  his  giving  bond 
to  apply  for  the  benefit  of  the  Insolvent  Laws,  &c. 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  shall  appear  at  the  next  Court  of  Common  Pleas  of 
said  county  and  then  and  there  present  his  petition  for  the  benefit 
of  the  Lisolvent  Laws  of  this  Commonwealth,  and  comply  with  all 
the  requisitions  of  said  law,  and  abide  all  the  orders  of  said  Court 
in  that  behalf;  or  in  default  thereof,  and  if  he  shall  fail  in  ob- 


432  INSOLVENT. 

taining  his  discharge  as  an  insolvent  debtor,  that  he  shall  sur- 
render himself  to  the  jail  of  said  county,  then  this  obligation 
to  be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 
Sealed  and  delivered  in  the  -.  John  Gregg,        [l.  s.] 

presence  of  I         Francis  Parke,  [l.  s.] 

James  Davis,  | 

William  Marshall.    ^ 


5.  Petition  for  Benefit  of  Insolvent  Laws. 

p.  539,  pi.  .9.     p.  540,  pi.  17.     16  June  1S36,  P.  L.  731,  732. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  John  Gregg,  Respectfully  represents, 

That  he  has  been  arrested  and  detained  in  the  custody  of 
Benjamin  Haines,  keeper  of  the  jail  of  Chester  County,  on  a 
writ  of  Capias  ad  Satisfaciendum,  &c.  (or  as  the  case  may  be, 
describing  the  process),  without  collusion  with  the  plaintiff,  and 
that  he  was  discharged  from  such  custody,  by  order  of  the  Hon- 
orable Townsend  Haines,  President  Judge  of  this  Court,  upon 
giving  bond  to  the  plaintiff  with  security,  approved  by  said 
Judge,  conditioned  to  appear  at  this  term  of  said  Court  and 
present  his  petition  for  the  benefit  of  the  Insolvent  Laws  of  the 
Commonwealth  and  to  do  such  other  things  as  are  directed  by 
the  Act  of  Assembly  in  such  case  made  and  provided. 

The  petitioner  further  represents,  that  he  is  a  resident  of  said 
county  and  has  resided  within  this  Commonwealth  for  six 
months  immediately  preceding  his  application  to  this  Court ; 
that  he  is  willing  to  deliver  up  for  the  use  of  his  creditors  all 
his  property,  and  has  accompanied  this  petition  with  a  state- 
ment of  all  his  estate,  effects  and  property,  wheresoever  situate 
and  of  whatsoever  kind,  a  statement  of  the  debts  due  by  him, 
containing  the  names  of  his  creditors,  the  amount  due  to  each, 
and  the  nature  and  character  of  the  debt  so  far  as  he  can  ascer- 
tain the  same ;  and  a  statement  of  the  causes  of  his  insolvency, 
and  of  the  extent  of  his  losses. 


INSOLVENT.  433 

The  petitioner  therefore  prays  the  Court  to  grant  him  the 
relief  provided  for  insolvent  debtors,  by  the  laws  of  this  Com- 
monwealth. 

And  he  will,  &c. 

John  Gregg. 

Chester  county,  ss. 

John  Gregg,  being  sworn  in  due  form  of  law,  says,  that  the 
facts  set  forth  in  the  foregoing  petition  and  in  the  accompany- 
ing statements  referred  to  therein,  are  true  as  he  verily  believes. 

Sworn  and  subscribed.  May  1,  "j  John  Gregg. 

A.  D.  1860,  before  I 

Henry  Fleming,  J.  P.  J 

Schedule  1. 

Statement  of  all  the  estate,  eifects  and  property  of  John 
Gregg,  the  within  petitioner,  wheresoever  situate  and  of  what- 
soever kind. 

1  Horse,  &c.,  &c.  (state  property  specifically). 

Schedule  2. 

Statement  of  the  debts  due  by  the  petitioner,  containing  the 
names  of  his  creditors,  the  amount  due  to  each  and  the  nature 
and  character  of  the  debt,  so  far  as  he  can  ascertain  the  same: 

James  Wills,  Judgment  and  Execution,      .         .  $200 

Enoch  Rex,  Bond, 100 

Seth  Jones,  Note, 100 

Abel  Lea,  Book  Account,          ....  40 

Schedule  3. 

Statement  of  the  causes  of  the  petitioner's  insolvency  and 
the  extent  of  his  losses. 

(Set  out  particulars.) 


28 


434  INSOLVENT. 

6.  Bond  of  Trustees. 

p.  541,  pi.  28.     16  June  1836,  P.  L.  734. 

Know  all  men  by  these  presents,  that  we,  James  Wills, 
trustee  of  John  Gregg,  an  insolvent  debtor,  discharged  under 
the  Insolvent  Laws  of  this  Commonwealth,  Seth  Jones  and 
Abel  Lea,  all  of  the  County  of  Chester,  are  held  and  firmly 
bound  unto  the  Commonwealth  of  Pennsylvania,  in  the  sum  of 
one  thousand  dollars,  lawful  money  of  the  United  States,  to  be 
paid  to  the  said  Commonwealth,  her  certain  attorney  or  assigns, 
to  which  payment  well  and  truly  to  be  made,  we  do  bind  our- 
selves jointly  and  severally,  our  heirs,  executors  and  adminis- 
trators, firmly  by  these  presents  ;  Sealed  with  our  seals,  dated 
the  first  day  of  September,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty. 

The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  James  Wills  shall  and  do  faithfully  execute  his  trust 
as  trustee  aforesaid  of  the  said  John  Gregg,  then  this  obligation 
shall  be  void,  or  else  be  and  remain  in  full  and  virtue. 
Sealed  and  delivered  in  the  ]  James  Wills,  [l.  s.] 

presence  of  Seth  Jones,     [l.  s.] 

James  Davis,  f  Abel  Lea.         [l.  s.] 

William  Marshall. 


7.  Petition  of  Insolvent  to  Restore  Ids  Estate,  ^c. 

p.  543,  pL  47.     IG  June  1836,  P.  L.  738. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents. 
That  on  the  first  day  of  August,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-five,  he  was  discharged  by  this 
Court  as  an  insolvent  debtor,  according  to  the  provisions  of  the 
Acts  of  Assembly  granting  relief  to  insolvent  debtors,  and  under 
the  direction  of  this  Court  delivered  up  and  transferred  to  James 


INSOLVEXT.  435 

Wills,  as  his  trustee,  for  the  use  of  his  creditors,  all  his  pro- 
perty of  every  kind  whatsoever.  The  petitioner  further  repre- 
sents, that  since  his  discharge  and  the  transfer  aforesaid,  he  has 
satisfied  the  claims  of  all  his  creditors  and  that  part  of  said 
property  so  delivered  up  and  transferred,  has  not  heen  sold ; 
the  petitioner  therefore  prays  the  Court  to  allow  him  to  make 
proof  in  such  manner  as  the  Court  may  direct  of  the  facts  set 
forth  in  this  petition,  and  that  the  Court  will  thereupon  order 
his  aforesaid  estate  and  effects  not  sold,  to  be  restored  to  him. 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


8.   Application  on  Consent  of  Majority  of  Creditors  to  Exempt 
Property  of  Insolvent  from  Execution  for  Seven  Years. 

P.  543,  pi.  49.     16  June  1836,  P.  L.  738. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents. 

That  on  the  first  day  of  March  last,  he  was  discharged  by 
this  Court  as  an  insolvent  debtor,  according  to  the  provisions 
of  the  Acts  of  Assembly  of  this  Commonwealth  granting  relief 
to  insolvent  debtors. 

The  petitioner  further  represents,  that  a  majority,  in  number 
and  value,  of  his  creditors  residing  in  the  United  States  or  hav- 
ing a  known  attorney  therein,  have  consented  in  writing  that 
the  estate  and  effects  which  he  may  hereafter  acquire  shall  be 
exempted  for  the  term  of  seven  years  hereafter,  from  any  debt 
contracted  and  cause  of  action  existing  previously  to  his  said 
discharge  as  an  insolvent  debtor,  as  will  appear  by  the  agree- 
ment of  said  creditors  in  writing  herewith  exhibited. 

The  petitioner  therefore  prays,  that  upon  notice  of  this  appli- 
cation bcinfif  given  accordins;  to  law,  the  Court  will  make  an 


436  INSOLVENT. 

order  that  the  estate  and  effects  which  he  may  hereafter  require, 
shall  be  exempted  as  aforesaid. 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  .truth  of  petition  to  be  appended.) 


9.  Petition  for  a  Receiver. 

p.  543,  pi.  50,  51.    P.  544,  pi.  55.    31  March  1860,  P.  L.  414.    13  October  1S40,  P.  L.  4. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  a  creditor  of  John  Gregg,  a 
petitioner  for  the  benefit  of  the  Insolvent  Laws  of  this  Common- 
wealth, Respectfully  represents, 

That  upon  the  hearing  of  the  petition  of  the  said  John  Gregg 
for  the  benefit  of  the  said  Insolvent  Laws,  on  the  first  day  of 
March  last,  it  appeared  to  the  Court  that  there  was  just  ground 
to  believe  that  the  insolvency  of  the  petitioner  arose  from  losses 
by  gambling  (or  as  the  case  may  be),  and  thereupon  the  Court 
committed  the  said  John  Gregg  to  the  jail  of  said  County  of 
Chester  for  trial,  at  the  Court  of  Quarter  Sessions  of  the  same 
County  (or  as  the  case  may  be). 

The  petitioner  therefore  prays  the  Court  to  appoint  a  Receiver 
of  all  the  estate  which  belonged  to  the  said  John  Gregg,  accord- 
ing to  the  directions  of  the  Act  of  Assembly  in  that  behalf  made 
and  provided. 

And  he  will,  &c. 

James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


INSURANCE.  437 


INSURANCE. 
1.  Petition  to  Supply  Lost  Policy. 

p.  558,  pi.  42.     4  March  1850,  P.  L.  126. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  upon  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty,  the  Penn  Insurance  Com- 
pany issued  a  policy  of  Insurance  to  Enoch  Rex,  to  indemnify 
him  from  all  damages  and  loss  by  fire  which  he  might  sustain, 
not  exceeding  the  sum  of  one  thousand  dollars,  on  the  follow- 
ing described  property,  viz.,  (describe  it),  which  policy  was 
afterward,  viz. :  on  the  first  day  of  April,  A.  D.  1852,  trans- 
ferred by  the  said  Enoch  Rex  to  the  petitioner,  who  had  become 
the  owner  of  the  said  property  insured  therein,  and  said  trans- 
fer was  duly  approved  by  the  said  company ;  that  the  petitioner 
is  by  virtue  of  said  transfer,  entitled  to  the  benefit  of  the  same, 
and  that  said  policy  is  lost  or  destroyed. 

The  petitioner  further  represents,  that  on  the  first  day.  of 
May,  A.  D.  1860,  he  made  a  demand  for  a  copy  of  said  policy 
of  the  President  of  said  Penn  Insurance  Company  and  ten- 
dered to  him  one  dollar  for  the  expenses  of  making  said  copy. 

The  petitioner  therefore  prays  the  Court  to  grant  a  rule  on 
the  said  Penn  Insurance  Company,  commanding  them  to  appear 
before  this  Court  on  a  day  certain  and  show  cause  why  a  copy 
of  said  policy,  together  with  the  transfers  which  have  been  ap- 
proved and  recorded  on  the  books  of  said  Company,  should  not 
be  supplied,  and  that  the  Court  will  make  such  further  order  in 
the  premises  as  is  directed  by  the  Act  of  Assembly  in  that  be- 
half made  and  provided. 

And  he  will,  &c. 

James  Wills. 
Chester  county,  ss. 

James  Wills,  being  duly  sworn  says,  that  the  policy  of  Insur- 


438  JUDGMENT. 

ance  mentioned  in  the  foregoing  petition  has  been  lost  or  de- 
stroyed, as  he  verily  believes  ; — that  on  the  first  day  of  May, 
A.  D.  18G0,  he  made  a  demand  for  a  copy  of  said  policy,  of  the 
President  of  the  said  Penn  Insurance  Company  and  tendered 
one  dollar  for  the  expenses  of  making  such  copy. 
Sworn  and  subscribed.  May  10,  "| 
1860,  before  V  James  Wills. 

H.  Fleming,  J.  P.       J 


James  Wills     *] 

V. 


JUDGMENT. 

1.  Amicable  Scire  Facias. 

r2,  pi.  5.     26  March  1827,  9  Sm.  L.  30.3. 

In  the  Court  of  Common  Pleas  of  Chester 
County. 
('Of  April  Term,  1860. 
^  Amicable  Fieri  Facias,  Sur  Judgment. 
See  Judgment,  entered  April  1,  1855,  in  Judgment  Docket 
H,  p.  400,  for  $500. 

March  31,  1860.  It  is  agreed  that  an  amicable  Scire  Facias 
on  the  above-stated  Judgment  be  entered  in  said  Court  in  the 
above  form,  with  the  same  effect  as  if  a  Scire  Facias  had  regu- 
larly issued  and  been  returned  by  the  Sheriff  "  Scire  Feci.'"  It 
is  further  agreed  that  judgment  be  confessed  to  the  plaintiff 
ao-ainst  the  defendant  for  the  amount  now  due  on  said  orio-inal 
Judgment. 

James  Wills, 
John  Gregg. 


JUDGMENT.  439 


2.  Amicable  Scire  Facias  to  use,  ^-c,  against  Defendant  and 
Terre  Tenant. 

p.  572,  pi,  5.     26  March  1827,  9  Sm.  L.  303. 

James  Wills,  to  the  use  1  In  the  Court  of  Common  Pleas  of 


Chester  County. 

Of  April  Term,  1860. 

Amicable  Scire  Facias,  Sur  Judg- 
ment. 


of  Enoch  Rex, 

V. 

John    Gregg  and   Seth 
Jones,  terre  tenant. 

See  Judgment,  entered  April  1,  1855,  v.  John  Gregg, 
defendant,  in  Judgment  Docket  H,  p.  400,  for  $500.  Assigned 
to  Enoch  Rex,  April  1,  1856. 

March  31,  1860.  It  is  agreed  that  an  Amicable  Scire  Facias 
on  the  above-stated  judgment  be  entered  in  said  Court,  in  the 
above  form,  with  the  same  effect  as  if  a  Scire  Facias  had  regu- 
larly issued,  and  had  been  returned  by  the  Sheriff  "  Scire 
Feci."  It  is  further  agreed,  that  judgment  be  confessed  to  the 
plaintiff  to  the  use  of  the  said  Enoch  Rex  against  the  defendant 
and  against  the  terre  tenant  in  respect  of  the  land  bound  by  the 
original  judgment  for  the  amount  now  due  on  the  same. (a) 

Enoch  Rex, 
John  Gregg, 
Seth  Jones. 


3.  Amicable  Scire  Facias  against  Terre  Tenant. 

p.  572,  pL  5.     26  March  1827,  9  Sm.  L.  30.3. 

James  Wills         -. 

V.  I  In  the  Court  of  Common  Pleas  of 

John  Gregg  and  Seth  j       Chester  County. 
Jones,  terre  tenant.      ^ 

Amicable  Scire  Facias  to  revive  Judgment,  entered  in  said 

i^a)   See  Sanies^ s  Appeal,  2  Casey  185. 


440  JUDGMENT. 

Court,  April  1,  1855,  in  Judgment  Docket  V,  p.  10,  against 
John  Gregg  for  $500,  Real  Debt. 

April  1,  1860,  It  is  agreed  that  an  Amicable  Scire  Facias 
be  entered  in  the  above  form,  with  the  same  eifect  as  if  a  Scire 
Facias  had  regularly  issued,  and  had  been  returned  by  the 
Sheriff  "  >S'e/rg  i^eci."  It  is  further  agreed  that  judgment  be 
confessed  to  the  plaintiff  against  the  terre  tenant,  in  respect  of 
the  land  bound  by  the  original  judgment,  for  the  amount  of 
principal  and  interest  now  due. (a) 

James  Wills, 
Seth  Jones. 


4.  Amicable  Scire  Facias  to  use,  on  Judgment  imrt  paid. 

p.  572,  pi.  5.     26  March  1827,  9  Sm.  L.  303. 

James  Wills,  to  the  use  of  -. 

Fnoptt  Rf\'  f  Court  of  Common  Pleas 

y      of  Chester  County. 
Joh/greg«.  J  Of  April  Term,  1860. 

Amicable  Scire  Facias  to  revive  Judgment,  entered  in  said 
Court,  April  1,  1855,  in  Judgment  Docket  V,  p.  10,  in  favor 
of  James  Wills,  against  John  Gregg,  for  $500,  Real  Debt. 

April  1,  1860.  It  is  agreed  that  an  Amicable  Scire  Facias 
be  entered  in  the  above  form,  with  the  same  effect  as  if  a  Scire 
Facias  had  regularly  issued  and  had  been  returned  by  the 
Sheriff  ^^  Scire  Feci."  It  is  further  agreed,  that  judgment  be 
confessed  to  the  plaintiff  for  the  use  aforesaid  against  the  defend- 
ant, for  the  sum  of  three  hundred  and  fifty  dollars,  the  principal 
now  due,  and  interest  from  the  first  day  of  March  last. 

Enoch  Rex, 
John  Gregg. 

(a)   See  Sames's  Appeal,  2  Casey  185. 


James  Wills  '\ 


JUDGMENT.  441 

5.  Amicable  Scire  Facias  of  Judgment  not  due. 

p.  573,  pL  7.     26  March  1827,  9  Sm.  L.  304. 

In   the  Court   of  Common  Pleas  of  Chester 
County, 
John  GKE««.  J  Of  April  Term,  I860. 

Amicable  Scire  Facias  to  revive  Judgment. 

See  Judgment,  entered  April  1,  1855,  in  Judgment  Docket 
H,  p.  100,  for  $500,  payable  April  1,  1864. 

March  31,  1860.  It  is  agreed  that  an  Amicable  Scire  Facias 
to  revive  the  above-stated  Judgment,  be  entered  in  said  Court 
in  the  above  form,  with  the  same  effect  as  if  a  Scire  Facias  had 
regularly  issued,  and  had  been  returned  by  the  Sheriff  "  Scire 
Feci."  It  is  further  agreed,  that  the  said  judgment  shall  be 
revived  and  shall  continue  a  lien  on  the  real  estate  of  the 
defendant  according  to  the  Act  of  Assembly  in  such  case  made 

and  provided. 

James  Wills, 

John  Gregg. 


6.  Amicable  Scire  Facias  on  Judgment  Appealed  from. 

p.  573,  pi.  10.     21  April  1840,  P.  L.  419. 

James  Wills"]  In  the  Court  of  Common    Pleas   of  Chester 

V.  V      County. 

John  Gp.egg.  J  Amicable  Scire  Facias  to  revive  Judgment. 

See  No.  10,  to  January  Term,  1855.  Judgment  against  de- 
fendant on  award  of  Arbitrators,  for  |500,  entered  April  1, 
1855,  in  Judgment  Docket  H,  p.  400. 

April  10,  1855.     Defendant  appeals. 

March  81,  1860.  It  is  agreed  that  an  amicable  Scire  Facias, 
to  revive  the  above-stated  judgment,  be  entered  in  said  Court  in 
the  above  form,  with  the  same  effect  as  if  a  Scire  Facias  had 
regularly  issued  and  had  been  returned  by  the  Sheriff  "  Scire 
Feci."  It  is  further  agi-eed,  that  the  said  judgment  shall  be 
revived,  without  prejudice,  and  shall  continue  a  lien  on  the  real 


442  JUDGMENT. 

estate  of  the  defendant  according  to  the  Act  of  Assembly  in 

such  case  made  and  provided. 

James  Wills, 
JoHX  Gregg. 


7.  Precipe  for  Scire  Facias. 

p.  572,  pi.  3,  5.     4  April  1798,  3  Sm.  L.  331.     20  March  1S27,  9  Sm.  L.  303. 

f  In  the  Court  of  Common  Pleas  of  Chester 

,  '  1       County. 

John  Gregg.  J 

See  Judgment,  entered  April  1,  1855,  in  Judgment  Docket  H, 
p.  400,  for  $500,  Real  Debt. 

Issue  Scire  Facias  on  the  above-stated  Judgment,  returnable 
to  next  Term. 

Yours,  &c., 

Job  Mann, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  March  31,  1860. 


In  the  Court  of  Common  Pleas 
of  Chester  County. 


8.  Precipe  for  Scire  Facias  against  Terre  Tenant. 

P.  572,  pi.  3,  5.     4  April  179S,  3  Sm.  L.  331.     20  March  1827,  9  Sm.  L.  303. 

James  Wills 

V. 

John  Gregg  and 
George  Boyd,  terre  tenant. 

See  Judgment  entered  April  1,  1855,  against  John  Gregg,  in 
Judgment  Docket  H,  p.  400,  for  $500,  Real  Debt. 

Issue  Scire  Facias  on  the  above-stated  Judgment,  returnable 
to  next  Term. 

Yours,  &c., 

Job  Mann, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


JUDGMENT.  443 


9.  Scire  Facias  to  Revive  Lien. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  Ches- 
ter County  ; — Greeting  : 

Whereas,  James  Wills,  lately,  to  wit,  May  1,  1860,  in  our 
County  Court  of  Common  Pleas  before  our  Judges  at  West 
Chester,  recovered  judgment  against  John  Gregg,  late  of  your 
county,  as  well  for  a  certain  debt  of  five  hundred  dollars  lawful 
money  of  Pennsylvania,  as  for  seventy-two  shillings  for  his 
damages  which  he  sustained  by  occasion  of  the  detention  of  that 
debt,  whereof  the  said  John  Gregg  is  convict,  as  appears  of 
record,  &c. 

And  now  in  our  same  Court,  we  are  given  to  understand,  that 
the  said  James  Wills  desires  that  the  same  judgment  may  be 
revived  according  to  the  provisions  of  the  Act  of  Assembly 
in  such  case  made  and  provided,  and  continued  a  lien  upon  the 
real  estate  of  the  said  John  Grecro;,  and  has  besought  us  to 
provide  for  him  a  proper  remedy  in  that  behalf;  and  we  being 
willing  that  the  same  should  be  done,  do  command  you  that  by 
good  and  lawful  men  of  your  bailiwick,  you  make  known  to  the 
said  John  Gregg  that  he  be  and  appear  before  our  Judges  at 
West  Chester,  at  our  County  Court  of  Common  Pleas,  there  to 
be  held  in  ten  days  after  the  service  of  this  writ  (or  as  the 
return  day  may  be),  to  show  if  anything  he  has  or  knows  to  say 
why  the  lien  of  said  judgment  should  not  be  revived  and  con- 
tinued according  to  the  provisions  of  the  Act  of  Assembly  in 
such  case  made  and  provided;  and  further  to  do  and  receive 
what  our  said  Court  may  consider  of  in  that  behalf;  and  have 
you  then  and  there  this  writ : — 

Witness  the  Honorable  William  Butler,  President  of  our  said 
Court,  at  West  Chester,  this  eighteenth  day  of  December,  a.  d. 
one  thousand  eight  hundred  and  sixty-one. 

James  Davis, 

Prothonotary. 


444  JUDGMENT. 

10.  Application  for  Satisfaction,  ^c,  in  PIdladelpJda, 

p.  670,  pi.  28.     14  April  1851,  P.  L.  612. 

James  Wills  ^  In  the  Court  of  Common  Pleas  of  tlie  City 

V.  >      and  County  of  Philadelphia, 

John  Gregg.  J  Of  March  Term,  1850.     No.  10. 

February  1,  1850.  Judgment  in  favor  of  the  plaintiff  for 
$100,  entered  in  Judgment  Docket  H,  p.  101. 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas 
above  named : 

The  petition  of  Jolin  Gregg,  the  above-named  defendant, 
Respectfully  represents. 

That  on  the  first  day  of  February,  in  the  year  of  our  Lord 
one  tliousand  eight  hundred  and  fifty,  James  Wills,  the  plaintiff 
in  the  above-stated  action,  obtained  judgment  against  the  peti- 
tioner, for  the  sum  of  one  hundred  dollars,  that  more  than  ten 
years  have  elapsed  since  the  rendition  of  said  judgment,  and 
the  same  has  been  paid  by  the  petitioner  (or  as  the  case  may  be) : 
The  petitioner  therefore  prays  the  Court  to  examine  the  facts 
set  forth  herein,  and  upon  being  satisfied  of  the  truth  thereof, 
to  direct  the  Prothonotary  upon  the  payment  of  the  costs,  if 
any  be  due  to  him  upon  such  judgment,  to  enter  satisfaction 
upon  the  record  thereof. 

And  he  will,  &c. 

John  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


JUSTICES   OF   THE   PEACE.  445 


JUSTICES   OF  THE   PEACE. 
1.   Official  Bond. 

p.  591,  pi.  15.     21  June  18.39,  P.  L.  373. 

Know  all  men  by  these  presents,  that  we,  John  Gregg,  elected 
Justice  of  the  Peace  for  the  Township  of  Penn  in  the  County 
of  Chester  and  State  of  Pennsylvania,  and  Enoch  Rex  of  the 
county  and  state  aforesaid,  are  held  and  firmly  bound  unto  the 
Commonwealth  of  Pennsylvania,  in  the  sum  of  one  thousand 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  Commonwealth,  her  certain  attorney  and  assigns,  to  which 
payment  well  and  truly  to  be  made,  we  do  bind  ourselves  jointly 
and  severally,  our  heirs,  executors  and  administrators,  firmly 
by  these  presents ;  Sealed  with  our  seals,  dated  the  first  day  of 
April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty  : 

The  condition  of  this  obligation  is  such,  that  if  the  said  John 
Gregg  shall  faithfully  apply  all  moneys  that  shall  come  into  his 
hands  as  an  officer,  then  this  obligation  to  be  void,  or  else  to  be 
and  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in 
the  presence  of 
James  Davis, 
Georfje  Fisher. 


John  Gregg,  [l.  s.] 
Enoch  Hex.    [l.  s.] 


2.  Petition  for  Security  on  Justice  s  Insolvency,  ^^c. 

P.  591,  pi.  Ifl,  17.  21  April  1816,  p.  L. -l.^l,  8  May  1850,  P.  L.  716. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg  was,  on  the  twentieth  day  of  March  last, 

duly  elected  a  Justice  of  the  Peace  of  said  county  for  the  Town- 


446  JUSTICES  OF  THE  PEACE. 

ship  of  Pcnn,  and  in  the  opinion  of  the  Hon.  Townsend  Haines, 
President  Judge  of  said  Court,  being  possessed  of  a  freehokl 
estate,  of  the  value  of  five  hundred  dollars  beyond  all  reprises, 
said  sum  being  equal  to  the  amount  in  which  security  would  be 
otherwise  required,  he  was  not  required  to  give  such  security  : 
The  petitioner  further  represents,  that  the  said  John  Gregg  has 
become  insolvent,  having  made  an  assignment  of  all  his  estate 
for  the  benefit  of  his  creditors  (or  as  the  case  may  be) :  The 
petitioner  therefore  prays  the  Court,  upon  due  proof  of  the 
allegations  in  this  petition,  to  require  the  said  John  Gregg  to 
give  security  in  the  manner  directed  by  the  Sixth  Section  of  the 
Act  entitled,  "  An  Act  providing  for  the  election  of  Aldermen 
and  Justices  of  the  Peace,"  in  such  sum  and  by  such  time  as 
the  Court  may  think  necessary  and  proper. 

And  he  will,  &c. 

James  "Wills. 
(Afiidavit  of  truth  of  petition  to  be  appended.) 


3.  Petition  for  Additional  Security  on  Surety's  Removal,  ^c. 

p.  591,  pi.  16,  17.  21  April  1846,  P.  L.  434.  8  May  1850,  P.  L.  716. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  James  Wills  of  said  county.  Respectfully 
represents, 

That  John  Gregw  was  on  the  twentieth  dav  of  March  last, 
duly  elected  a  Justice  of  the  Peace  of  said  county,  and  gave 
bond  to  the  Commonwealth  of  Pennsylvania,  with  Enoch  Rex 
of  said  county  as  his  surety,  in  the  sum  of  five  hundred  dollars 
conditioned  according  to  law  :  The  petitioner  further  represents 
that  the  said  Enoch  Rex,  surety  aforesaid,  has  removed  from 
this  state  into  the  State  of  Delaware  (or  as  the  case  may  be) : 
The  petitioner  therefore  prays  the  Court,  upon  due  proof  of  the 
allegations  in  this  petition,  to  require  the  said  John  Gregg  to 
give  additional  security,  in  the  manner  provided  by  the  Sixth 
Section  of  the  Act  entitled,  "  An  Act  providing  for  the  election 


JUSTICES  OF  THE  PEACE.  447 

of  Aldermen  and  Justices  of  the  Peace,"  in  sucli  sum  and  by 
such  time  as  the  Court  may  think  necessary  and  proper. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


4.  Petition  for  Counter  Security. 

P.  591,  pi.  16,  17,  18.     21  April  1846,  P.  L.  434.     8  May  1850,  P.  L.  716.     16  April 

1849,  P.  L.  664. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  the  County  of  Chester : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 

That  on  the  twentieth  day  of  March  last,  John  Gregg  was 
duly  elected  a  Justice  of  the  Peace  of  said  county  for  the  Town- 
ship of  Penn,  and  that  the  petitioner  became  his  surety,  accord- 
ing to  the  Sixth  Section  of  the  Act  entitled,  "  An  Act  provid- 
ing for  the  election  of  Aldermen  and  Justices  of  the  Peace  :" 
The  petitioner  further  represents  that  the  said  John  Gregg  by 
reason  of  habits  of  intemperance,  is  likely  to  increase  the  re- 
sponsibility of  his  sureties  :  The  petitioner  therefore  prays  the 
Court,  upon  due  proof  of  the  allegations  in  this  petition,  to  re- 
quire the  said  John  Gregg  to  give  security,  to  indemnify  the 
petitioner  against  loss  by  reason  of  his  suretyship,  in  the  man- 
ner provided  by  the  above-mentioned  Act  of  Assembly,  in  such 
sum  and  at  such  time  as  the  Court  may  think  necessary  and 
proper. 

And  he  will,  &c. 

Enoch  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


5.  Petition  to  Compel  Delivery  of  Dockets. 

P.  fine,  pi.  112.     21  April  1846,  P.  L.  433. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleaa 
of  Chester  County : 


448  JUSTICES  OF  THE  PEACE. 

The  petition  of  James  Wills,  Respectfully  represents, 
That  John  Gregg,  one  of  the  Justices  of  the  Peace  of  said 
county,  duly  commissioned  for  the  Township  of  Penn,  has  re- 
moved out  of  said  district ;  that  demand  was  duly  made  by  the 
petitioner,  on  the  first  day  of  April  last,  of  the  said  John  Gregg 
to  deliver  his  dockets  and  all  official  records  connected  there- 
with, or  cause  the  same  to  be  delivered  to  Abel  Lea,  Esquire, 
he  being  the  nearest  justice  in  the  said  district ;  and  the  said 
John  Gregg  has  failed  for  twenty  days  to  comply  with  the  pro- 
visions of  the  fourth  section  of  the  Act  "  In  relation  to  certain 
public  oificers  and  their  sureties,"  passed  the  twenty-first  day 
of  April,  A.  D.  18-46.  The  petitioner  therefore  prays  the  Court 
to  compel  the  said  John  Gregg  to  deliver  said  dockets  and 
records  by  decree  and  attachment  against  him. 

And  he  will,  &c. 

James  Wills. 
''Affidavit  of  truth  of  petition  to  be  appended.) 


6.  Petition  to  Supply  Lost  Record. 

p.  606,  pi.  114.     30  April  1850,  P.  L.  640. 

To  Enoch  Rex,  Esquire,  Justice  of  the  Peace  of  the  County 
of  Chester,  for  the  Township  of  Penn : 

The  petition  of  James  Wills,  Respectfully  represents. 
That  on  the  first  day  of  March  last,  a  summons  was  issued 
by  said  Justice,  against  one  John  Gregg,  in  a  certain  action  of 
debt  on  book  account,  not  exceeding  one  hundred  dollars,  on 
the  return  of  which  summons,  on  the  sixth  day  of  the  same 
month,  the  said  John  Gregg  appeared  before  the  said  Justice, 
and  on  hearing,  judgment  was  rendered  against  the  said  John 
Gregg  for  the  sum  of  fifty  dollars,  which  judgment  has  not  yet 
been  paid  or  in  any  manner  satisfied,  and  that  the  petitioner 
is  therefore  still  interested  in  said  judgment ;  that  the  docket  of 
said  Justice,  containing  the  said  proceedings,  has  been  destroyed. 
The  petitioner  therefore  prays  the  said  Justice  to  issue  a  pre- 
cept in  the  nature  of  a  summons,  requiring  the  said  John  Gregg 
to  appear  before  him  on  a  day  certain,  not  less  than  five  nor 
more  than  eight  days  from  the  issuing  thereof,  and  show  cause 


JUSTICES  OF  THE  PEACE.'  449 

•why  the  prayer  of  the  petitioner  should  not  be  granted  and  the 
said  proceedings   supplied  and  entered  in  the  docket  of  said 

Justice. 

And  he  will,  &c. 

James  Wills. 

Chester  county,  ss. 

James  Wills,  being  sworn  in  due  form  of  law,  says,  that  the 
statements  in  the  foregoing  petition  are  true,  and  that  the  pro- 
ceeding asked  to  be  supplied  is  truly  set  forth  in  said  petition, 
as  he  verily  believes. 

Sworn  and  subscribed,  June  1,  ^  James  Wills. 

1860,  before  V 

Enoch  Rex,  J.  P.      J 


7.  Petition  07i  Refusing  to  Pay  Over. 

p.  608,  pi,  123.    28  March  1820,  7  Sm.  L.  310. 

To   the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  Chester  County  : 

The  petition  of  James  Wills,  Respectfully  represents. 
That  on  the  sixth  day  of  March  last,  a  judgment  was  ren- 
dered by  Enoch  Rex,  Esquire,  a  Justice  of  the  Peace  of  said 
county,  in  a  certain  action  of  debt  on  book  account,  in  favor  of 
the  petitioner  against  one  John  Gregg,  for  fifty  dollars  besides 
costs ;  that  on  the  twentieth  day  of  the  same  month,  the  said 
Enoch  Rex,  Esquire,  received  from  the  said  John  Gregg,  the 
amount  of  said  judgment  and  refuses  to  pay  the  same  over  to 
the  petitioner,  he  being  the  person  to  whom  the  same  is  owing. 
The  petitioner  therefore  prays  the  Court  to  direct  a  notice  to 
issue  to  the  said  Enoch  Rex,  Esquire,  returnable  as  may  suit 
the  convenience  of  the  Court,  setting  forth  the  contents  of  this 
petition,  and  upon  return  of  said  notice,  with  due  proof  of  the 
service  thereof,  to  proceed  in  the  manner  directed  by  the  Act 
of  Assembly  in  such  case  made  and  provided. 

And  he  will,  &c. 

James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 
29 


450  JUSTICES  OF  THE  PEACE. 

8.  Notice  to  Justice  to  Pay  Over. 

p.  608,  pi.  123.     28  March  1820,  7  Sm.  L.  310. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  Enoch 

[Seal.]     Rex,  Esquire,  a  Justice  of  the  Peace  of  the  County 
of  Chester  ;  Greeting :  * 

You  are  hereby  notified,  that  the  petition  of  James  Wills  was, 
on  the  first  day  of  May,  A.  D.  one  thousand  eight  hundred  and 
sixty,  presented  to  the  Court  of  Common  Pleas  of  Chester 
County  setting  forth :  that  on  the  sixth  day  of  March  last,  a 
judgment  was  rendered  by  you  in  a  certain  action  of  debt  on 
book  account,  in  favor  of  the  said  James  Wills,  against  one  John 
Gregg,  for  fifty  dollars,  besides  costs ;  that  on  the  twentieth 
day  of  the  same  month,  you  received  from  the  said  John  Gregg 
the  amount  of  the  said  judgment  and  have  refused  to  pay  the 
same  over  to  the  said  James  Wills,  he  being  the  person  to  whom 
the  same  is  owing.  You  are  further  notified  to  appear  before 
said  Court  on  the  first  day  of  June  next,  to  answer  the  com- 
plaint in  said  petition,  and  show  cause  why  judgment  should 
not  be   entered  against  you  for  the  said  sum  of  fifty  dollars, 

with  interest  and  costs. 

By  the  Court. 

James  Davis, 

Prothonotary. 
April  20,  1860. 


9.  Decree  of  Court  on  Appearance  for  not  Paying  Over. 

p.  608,  pi.  123.     28  March  1820,  7  Sm.  L.  310. 

James   Wills  ^  In  the  Court  of  Common  Pleas  of  Chester 

V.  >      County. 

Enoch  Rex.  J  Of  May  Term,  1860.     No.  10. 

Upon   complaint  for   not   paying   over  money  received  on 
judgment. 

And  now,  June  1,  1860,  Enoch  Rex,  the  above-named  de 


JUSTICES    OP   THE   PEACE.  451 

fendant,  having  appeared  in  Court  in  pursuance  of  the  notice 
issued  in  this  case,  and  having  admitted  the  petition  of  the  said 
James  Wills,  the  Court  enter  judgment  against  the  said  Enoch 
Rex,  in  favor  of  the  above-named  James  Wills,  for  the  sum  of 
fifty  dollars  and  fifty-eight  cents,  the  amount  retained  by  the 
said  Enoch  Rex,  as  set  forth  in  said  complaint,  with  interest 
from  the  receipt  thereof,  and  four  dollars  to  the  said  James 
Wills,  the  party  aggrieved,  besides  costs. 


10.  Decree  of  Court  on  Default  for  not  Paying  Over. 

p.  60S,  pi.  123.     28  March  1820,  7  Sm.  L.  .^10. 

James  Wills     ^  In  the  Court  of  Common  Pleas  of  Chester 
V.  V      County. 

Enoch  Rex,  Esq.  j  Of  May  Term,  1860.     No.  10. 

Upon  complaint  for  not  paying  over  money  received  on 
judgment. 

And  now,  June  1,  1860,  due  proof  having  been  made  of  the 
service  of  the  notice  issued  in  this  case,  on  the  said  Enoch  Rex, 
and  the  said  Enoch  Rex  having  refused  and  neglected  to 
appear,  in  pursuance  thereof,  the  Court  enter  judgment  against 
the  said  Enoch  Rex,  in  favor  of  the  above-named  James  Wills, 
for  the  sum  of  fifty  dollars  and  fifty-eight  cents,  the  amount 
retained  by  the  said  Enoch  Rex,  as  set  forth  in  the  said  com- 
plaint, with  interest  from  the  receipt  thereof,  and  four  dollars 
to  James  Wills  the  party  aggrieved,  besides  costs. 


11.  Answer  of  Justice  to  Complaint  for  not  Paying  Over. 

p.  608,  pi.  123.     28  March  1820,  7  Sm.  L.  310. 

James  Wills     ^  In  the  Court  of  Common  Pleas  of  Chester 
V.  V      County. 

Enoch  Rex,  Esq.  J  Of  May  Term,  1860.     No.  10. 

Upon  complaint  for  not  paying  over  money,  recovered  on 
judgment. 


452  JUSTICES    OF    THE    PEACE. 

The  answer  of  Enoch  Rex,  the  above  defendant,  to  the  peti- 
tion and  complaint  of  the  said  James  Wills : 

The  defendant,  reserving  to  himself  all  right  of  exception  to 
the  said  petition  and  complaint,  for  answer  thereto  saith,  that 
true  it  is  as  is  alleged  in  said  petition,  that  on  the  first  day  of 
March  last,  a  judgment  was  rendered  by  this  defendant  as  a 
Justice  of  the  Peace  of  said  county,  in  a  certain  action  of  debt 
on  book  account,  in  favor  of  the  said  James  Wills  against  John 
Gregg  in  said  petition  named,  for  fifty  dollars,  besides  costs, 
and  that  on  the  twentieth  day  of  the  same  month,  this  defend- 
ant received  from  the  said  John  Gregg  the  amount  of  said  judg- 
ment ; — but  this  defendant  for  further  answer  says  (set  forth 
the  facts  of  defence  in  the  case),  all  which  matters  and  things 
this  defendant  is  ready  and  willing  to  aver,  maintain  and  prove, 
as  the  Court  shall  direct,  and  prays  to  be  hence  dismissed  with 
his  costs  and  charges  in  this  behalf  sustained. 

Enoch  Rex. 

(Affidavit  to  truth  of  answer  to  be  appended.) 


12.  Issue  on  Complaint  for  not  Paying  Over. 

p.  608,  pi.  123.    28  March  1820,  7  Sm.  L.  .310. 

James  Wills     ^  In  the  Court  of  Common  Pleas  of  Chester 
V.  >      County. 

Enoch  Rex,  Esq.  J  Of  May  Term,  1860.     No.  10. 

Upon  complaint  for  not  paying  over  money  received  on 
judgment. 

And  now,  June  1,  1860,  the  defendant  having  appeared  in 
pursuance  of  the  notice  issued  in  this  case,  and  having  by  his 
answer  this  day  filed,  disputed  the  facts  set  forth  in  the  plain- 
tiff's petition,  the  Court  form  an  issue  to  try  the  facts  in  dispute 
in  said  case,  in  which  issue  the  said  James  Wills  shall  be  plain- 
tiff and  the  said  Enoch  Rex  the  defendant,  and  the  plaintiff 
shall  declare  as  for  money  had  and  received  and  the  defendant 
shall  plead  the  general  issue  within  twenty  days  (or  as  the 
order  may  be). 


LANDLORD  AND  TENANT.  453 


LANDLORD   AND  TENANT. 

1.    Warrant  of  Distress. 

P.  610,  pi.  1.     21  March  1772,  1  Sm.  L.  370. 

To  Abel  Lea,  of  the  County  of  Chester : 

I  hereby  authorize  you  to  distrain  the  goods  and  chattels  in 
and  on  a  certain  messuage  and  tract  of  land,  with  the  apper- 
tenances,  now  in  the  occupancy  and  possession  of  John  Gregg, 
and  situate  in  the  Township  of  Penn  in  said  county,  adjoining 
lands  of  James  Robb,  Enoch  Rex  and  others,  for  one  hundred 
dollars,  being  one  year's  rent  due  to  me  for  the  same  premises, 
on  the  first  day  of  April  instant,  and  to  proceed  thereon  for 
the  recovery  of  said  rent  according  to  law :  and  for  so  doing 
this  shall  be  your  sufficient  warrant.  Witness  my  hand,  the 
second  of  April,  a.  d.  1860. 

James  Wills. 


2.  Notice  of  Distress. 

p.  610,  pi.  1.     21  March  1772,  1  Sm.  L.  370. 

To  John  Gregg,  of  the  Township  of  Penn  in  the  County  of 
Chester : 

Take  notice,  that  as  bailiff  to  James  Wills,  your  landlord, 
and  by  virtue  of  a  warrant  from  him,  I  have  this  day  distrained, 
on  the  premises  occupied  and  possessed  by  you  in  the  said  Town- 
ship of  Penn,  the  goods  and  chattels  named  in  the  annexed  in- 
ventory, for  the  sum  of  one  hundred  dollars  rent  due  by  you 
on  the  first  day  of  April  instant,  to  the  said  landlord,  for  one 
year's  rent  of  said  premises. 

Witness  my  hand,  the  second  day  of  April,  a.  d.  1860. 

Abel  Lea. 


454 


LANDLORD  AND  TENANT. 


3.  Affidavit  of  Appraisers  and  Inventory/. 

p.  610,  pi.  1.    21  March  1772,  1  Sm.  L.  370. 

Chester  county,  ss. 

We,  Enoch  Rex  and  James  Robb,  being  duly  sworn,  say  that 
we  will  well  and  truly,  according  to  the  best  of  our  understand- 
ing, appraise  the  goods  and  chattels  of  John  Gregg,  distrained 
for  rent  by  James  Wills. 

Sworn  and  subscribed,  April  7,  -^  Enoch  Rex, 

1860,  before  I  James  Robb. 

Jesse  John,  ( 

Sheriff.    ^ 

Appraisement  of  the  goods  and  chattels  of  the  above-named 
John  Gregg,  distrained  as  aforesaid. 


One  Farm  W^agon, 
Cart,          ..... 
Two  Cows,          .... 
&c.,  &c. 

$50 
20 
60 

00 
00 
00 

ei30 

00 

Taken  and  appraised, 

April  7,  A.  D.  1860. 
Enoch  Rex, 
James  Robb. 


4.   Consent  of  Tenant  that  Goods  may  Remain  on  Premises. 

I,  John  Gregg,  do  hereby  consent  and  agree  that  James  Wills 
my  landlord,  who  has  distrained  my  goods  and  chattels  for  rent  of 
the  premises  now  occupied  and  possessed  by  me  in  the  Township 
of  Penn  and  County  of  Chester,  shall  continue  in  possession  of 
said  goods  and  chattels  on  said  premises,  for  the  space  of  twenty 
days  from  the  date  hereof,  the  said  James  Wills  having,  at  my 
request  for  my  convenience,  agreed  to  forbear  the  sale  of  the 


LANDLORD  AND  TENANT.  455 

said  goods  and  chattels  for  the  said  space  of  time,  the  expenses 
of  keeping  said  possession  to  be  paid  by  me. 

Witness  my  hand  the  seventh  day  of  April,  A.  d.  1860. 

John  Gregg.^ 


5.  Notice  to  Quit. 

p.  613,  pi.  18.     21  March  1772,  1  Sm.  L.  373. 

To  John  Gregg : 

Sir : — Please  to  take  notice  that  I  desire  to  have  again  and 
repossess  the  messuage  and  tract  of  land  in  the  Township  of 
Penn  and  County  of  Chester,  leased  by  me  to  you  for  the  term 
of  one  year  from  the  first  day  of  April,  a.  d.  1859,  at  the 
determination  of  said  lease,  and  therefore  demand  and  require 
you  to  remove  from  and  leave  the  same.  Given  under  my  hand 
the  first  day  of  January,  A.  d.  1860. 

James  Wills. 


6.   Complaint  to  Justices  on  Non-removal. 

p.  613,  pi.  18.     21  March  1772,  1  Sm.  L.  373. 

To  John  Graves  and  John  Newlin,  Esquires,  two  Justices  of 
the  County  of  Chester  : 

The  complaint  of  James  Wills  represents,  that  on  or  about  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-nine,  he  was  quietly  and  peaceably 
possessed  of  a  messuage  and  tract  of  land,  &c.  (describing 
them),  and  demised  the  same  under  the  annual  rent  of  one 
hundred  dollars  to  John  Gregg,  the  tenant  now  in  possession, 
for  the  term  of  one  year  from  the  first  day  of  April  in  the  year 
aforesaid ;  that  said  John  Gregg  entered  into  possession  of  said 
premises  by  virtue  of  said  lease,  and  that  said  term  is  fully 
ended  ;  that  on  the  first  day  of  January  last  past,  the  petitioner 
demanded  and  required  the  said  John  Gregg  to  remove  from 
and  leave  the  said  premises,  and  that  the  said  John  Gregg  has 


456  LANDLORD  AND  TENANT. 

refused  to  comply  with  said  request  in  three  months  after  the 
said  request  to  him  made :  The  complainant  therefore  requests 
said  Justices  to  proceed  in  such  manner  as  is  provided  by  law 
to  enable  him  to  recover  possession  of  said  premises. 

James  Wills. 

Chester  county,  ss. 

James  Wills,  the  above  complainant,  being  duly  sworn,  says, 
that  the  statements  and  allegations  in  the  foregoing  complaint 
are  true. 

Sworn   and   subscribed,  April  ^  James  Wills. 

2,  A.  D.  1860,  before  I 

John  Graves,  J.  P.      J 


7.    Warrant  to  Sheriff  to  Summon  Jury  and  Tenant. 

p.  613,  pi.  18.     21  March  1772,  1  Sm.  L.  373. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  said 
county ;  Greeting : 

Whereas  we  have  been  informed  by  the  complaint  of  James 
Wills,  that  on  or  about  the  first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-nine,  he  was 
quietly  and  peaceably  possessed  of  a  messuage  and  tract  of 
land,  &c.  (describing  them),  and  demised  the  same  under  the 
annual  rent  of  one  hundred  dollars  to  John  Gregg,  the  tenant 
now  in  possession,  for  the  term  of  one  year  from  the  first  day 
of  April,  in  the  year  aforesaid ;  that  the  said  John  Gregg  en- 
tered into  possession  of  said  premises  by  virtue  of  said  lease, 
and  that  the  said  term  is  fully  ended;  that  on  the  first  day  of 
January  last  past  he  demanded  and  required  the  said  John 
Gregg  to  remove  from  and  leave  the  said  premises,  and  that 
the  said  John  Gregg  has  refused  to  comply  with  said  request  in 
three  months  since  the  same  was  made : 

We  therefore  command  you  to  summon  twelve  substantial 
freeholders  to  appear  before  the  undersigned  two  Justices  of  the 


LANDLORD  AND  TENANT.  457 

Peace  of  said  county,  at  the  house  of  John  Babb,  in  the  Borough 
of  West  Chester,  on  the  sixth  day  of  the  present  month  of 
April,  at  ten  o'clock  in  the  forenoon  of  said  day,  to  inquire  of 
such  things  as  may  be  submitted  to  them  in  this  behalf,  and 
also  to  summon  the  said  John  Gregg,  to  appear  before  the  said 
Justices  and  freeholders,  at  the  same  time  and  place,  to  show 
cause,  if  any  he  has,  why  restitution  of  the  possession  of  the 
aforesaid  messuage  and  tract  of  land  should  not  forthwith  be 
made  to  the  said  James  Wills. 

Witness  the  hands  and  seals  of  the  said  Justices,  the  second 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


8.  Inquisition  on  Non-Removal  of  Tenant. 

p.  613,  pi.  18.     21  March  1772,  1  Sm.  L.  373. 

Inquisition  taken  the  sixth  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixtv,  at  the  house  of 
John  Babb,  in  the  Borough  of  West  Chester  and  County  of 
Chester,  before  John  Graves  and  John  Newlin,  Esquires,  two 
of  the  Justices  of  the  Peace  of  said  county,  upon  the  oaths  and 
affirmations  of  Abel  Lea,  James  Robb,  &c.,  &c.,  twelve  substan- 
tial freeholders,  who,  being  duly  sworn  and  affirmed  and  charged 
to  inquire  of  the  premises  do  say :  that,  on  or  about  the  first 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-nine,  James  Wills  was  quietly  and  peaceably 
possessed  of  a  messuage  and  tract  of  land,  &c.  (describing  them), 
and  demised  the  same  under  the  annual  rent  of  one  hundred 
dollars,  to  John  Gregg,  the  tenant  now  in  possession,  for  the 
term  of  one  year  from  the  first  day  of  April  in  the  year  afore- 
said, and  that  by  virtue  of  said  lease  the  said  John  Gregg  en- 
tered into  possession  of  the  premises  aforesaid,  and  that  the  said 
term  is  fully  ended ;  that  three  months  before  the  application 
of  the  said  James  Wills  to  said  Justices  in  this  behalf,  viz. :  on 
the  first  day  of  January,  A.  D.  one  thousand  eight  hundred  and 


458  LANDLORD  AND  TENANT. 

sixty,  tlie  said  James  Wills  did  demand  and  require  the  said 
John  Gregg  to  remove  and  leave  said  premises ;  and  that  said 
John  Gregg  has  refused  and  still  refuses  to  comply  with  said 
request,  and  the  freeholders  aforesaid  do  assess  against  the  said 
John  Gregg  in  favor  of  the  said  James  Wills,  the  sum  of  twenty 
dollars  damages  for  the  unjust  detention  of  the  said  premises. 
In  witness  whereof,  as  well  the  said  Justices,  as  the  freeholders 
aforesaid,  have  hereto  set  their  hands  and  seals,  the  sixth  day 
of  April,  A.  D.  one  thousand  eight  hundred  and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin,  [l.  s.] 
Abel  Lea,  [l.  s.] 
James  Robe,  [l.  s.] 
&c.,  &c. 


9.  Record  of  Justices  on  Non-Removal. 

p.  613,  pL  18.     21  March  1772,  1  Sm.  L.  373. 

James  Wills  ^  Before   John   Graves  and   John  Newlin,  Es- 
V.  y      quires.  Justices  of  the  Peace  of  the  County 

John  Gregg.  J      of  Chester. 

April  2,  1860.  Upon  the  complaint  of  the  said  James  Wills, 
and  due  proof  made  before  the  said  Justices,  that  on  or  about 
the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-nine,  he  was  quietly  and  peaceably 
possessed  of  a  messuage  and  tract  of  land,  &c.  (describing 
them),  and  that  he  demised  the  same,  under  the  annual  rent 
of  onfe  hundred  dollars,  to  John  Gregg,  the  tenant  now  in  pos- 
session, for  the  term  of  one  year  from  the  first  day  of  April, 
in  the  year  last  aforesaid ;  that  the  said  John  Gregg  entered 
upon  said  premises  by  virtue  of  said  lease,  and  that  the  said 
term  is  fully  ended ;  that  on  the  first  day  of  January  last,  the 
said  James  Wills  demanded  and  required  the  said  John  Gregg 
to  remove  from  and  leave  the  said  premises,  and  that  the  said 
John  Gregg  has  refused  to  comply  with  said  request  in  three 
months  after  said  request  to  him  made.     A  warrant  was  issued 


LANDLORD  AND  TENANT.  459 

by  said  Justices  to  the  Sheriff  of  Chester  County,  commanding 
him  to  summon  twelve  substantial  freeholders  to  appear  before 
said  Justices  at  the  house  of  John  Babb  in  the  borough  of  West 
Chester,  on  the  sixth  day  of  the  present  month  of  April,  at 
ten  o'clock  in  the  forenoon  of  said  day,  to  inquire  of  the  pre- 
mises, and  also  to  summon  John  Gregg,  at  the  same  time  and 
place,  to  appear  before  the  said  Justices  and  freeholders  and 
show  cause,  if  any  he  has,  why  restitution  of  the  possession  of 
the  aforesaid  messuage  and  tract  of  land  should  not  be  forth- 
with made  to  the  said  James  Wills :  And  now,  April  6,  1860, 
the  parties  appeared  at  the  time  and  place  above  named,  and 
the  said  freeholders  being  duly  sworn  and  affirmed  and  charged 
to  inquire  of  the  premises,  upon  hearing  the  said  parties,  it 
appeared  to  said  Justices  and  freeholders,  that  on  or  about  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-nine,  the  said  James  Wills  was  quietly 
and  peaceably  possessed  of  a  messuage  and  tract  of  land,  &c. 
(describing  them),  and  demised  the  same  under  an  annual  rent 
of  one  hundred  dollars,  to  John  Gregg,  the  tenant  now  in  pos- 
session, for  the  term  of  one  year  from  the  first  day  of  April,  in 
the  year  aforesaid ;  that  by  virtue  of  said  demise,  the  said  John 
Gregg  entered  into  possession  of  said  premises  and  that  the 
said  term  is  fully  ended :  that  three  months  before  the  applica- 
tion of  the  said  James  Wills  to  the  Justices  in  this  behalf,  viz., 
on  the  first  day  of  January,  A.  d.  one  thousand  eight  hundred 
and  sixty,  the  said  James  Wills  did  demand  and  require  the 
said  John  Gregg  to  remove  and  leave  the  said  premises,  and 
that  the  said  John  Gregg  has  refused  and  still  refuses  to  com- 
ply with  said  request ;  and  the  said  freeholders  assessed  against 
the  said  John  Gregg  in  favor  of  the  said  James  Wills,  twenty 
dollars  damages  for  the  unjust  detention  of  said  premises : 
Whereupon  the  said  Justices,  the  same  day,  do  enter  judgment 
against  the  said  John  Gregg,  for  the  said  sum  of  twenty  dollars 
damages  aforesaid,  and  the  sum  of  thirty  dollars  reasonable 
costs  in  this  behalf.  Same  day,  the  warrant  of  the  Justices 
issued  to  the  Sheriff  of  Chester  County,  commanding  him  to 
deliver  to  the  said  James  Wills,  his  heirs  or  assigns,  full  posses- 
sion of  the  aforesaid  messuage  and  tract  of  land,  and  to  levy  the 


460  LANDLORD  AND  TENANT. 

costs  and  damages  aforesaid  of  the  goods  and  chattels  of  the 
said  John  Gregg. 


10.    Warrant  of  Possession. 

p.  613,  pi.  18.    21  March  1772,  1  Sm.  L.  373. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff 
L  '-I  of  the  County  of  Chester ;  Greeting : 
Whereas  such  proceedings  were  had  before  the  undersigned, 
two  Justices  of  the  Peace  of  said  county,  and  twelve  freehold- 
ers, summoned  according  to  law,  that  on  this  sixth  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty, 
it  appeared  to  said  Justices  and  freeholders,  that  James  Wills 
had  demised  to  John  Gregg,  for  the  term  of  one  year,  a  certain 
messuage  and  tract  of  land,  &c.  (describing  them),  of  which  the 
said  Jarnes  Wills  had  been  quietly  and  peaceably  possessed,  and 
that  said  John  Gregg  had  entered  into  the  possession  thereof 
by  virtue  of  said  demise ;  that  the  said  term  being  ended,  after 
demand  by  the  said  James  Wills  to  the  said  John  Gregg  to 
remove  from  said  premises  three  months  before  the  applica- 
tion in  this  behalf  to  the  said  Justices,  the  said  John  Gregg 
had  refused  and  still  refuses  to  comply  with  said  request  and 
the  said  Justices  did  enter  judgment  against  the  said  John 
Gregg,  for  the  sum  of  twenty  dollars  damages  for  the  unjust 
detention  of  said  premises,  together  with  thirty  dollars  costs 
in  this  behalf:  Now,  these  are  to  command  you  forthwith  to 
deliver  to  the  said  James  Wills,  full  possession  of  the  said 
above-described  premises,  and  levy  the  said  costs  and  damages 
of  the  goods  and  chattels  of  the  said  John  Gregg,  and  for  so 
doing  this  shall  be  your  sufficient  warrant : 

Witness  the  hands  and  seals  of  said  Justices,  the  sixth  day 
of  April,  A.  D.  one  thousand  eight  hundred  and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


LANDLORD  AND  TENANT.  461 

11.  Allegation  of  Title  in  Third  Person. 

p.  614,  pi.  19,     21  March  1772,  1  Sm.  L.  374. 

James  Wills  |  Before   John   Graves  and   John  Newlin,   Es- 
V.  >     quires,   Justices   of  the   Peace   of  Chester 

John  Gkegg.J      County. 

Proceedings  of  plaintiff  as  landlord  to  obtain  possession,  &c. 

And  now,  April  6,  1860  ;  John  Gregg  alleges  that  the  title 
to  the  messuage  and  tract  of  land,  in  question  in  these  proceed- 
ings, is  disputed  and  claimed  by  Enoch  Rex,  in  virtue  of  a  right 
under  a  deed  from  the  Sheriff  of  Chester  County,  dated  the  first 
day  of  August  last  (or  as  the  case  may  be) ;  in  pursuance  of  a 
sale  of  the  same  as  the  property  of  the  said  James  Wills  :  said 
right  having  accrued  since  the  commencement  of  the  lease  to  the 
said  John  Gregg,  set  out  in  the  complaint  of  the  said  James  Wills. 

John  Gregg. 


12.  Affidavit  of  Third  Person  of  his  Title, — and  Recognisance. 

p.  614,  pi.  19.     21  March  1772,  1  Sm.  L.  374. 

James  Wills  '\  Before   John   Graves   and   John   Newlin,  Es- 
V.  V     quires.   Justices   of  the   Peace   of  Chester 

John  Gregg.  J      County. 

Proceedings  of  plaintiff"  as  landlord  to  obtain  possession,  &c. 

Chester  county,  ss. 

Enoch  Rex  being  sworn  in  due  form  of  law  says,  that  he 
verily  believes  that  he  is  entitled  to  the  premises  in  dispute  in 
the  above  proceeding,  by  virtue  of  a  deed  dated  August  1,  1859, 
from  the  Sheriff  of  Chester  County,  in  pursuance  of  a  sale  of  the 
same  under  an  execution  against  the  said  James  Wills,  since  the 
commencement  of  the  lease  from  the  said  James  Wills  to  said 
John  Gregg. 

Sworn  and  subscribed,  August  6,  ^  Enoch  Rex. 

a.  D.  1860,  before  I 

John  Graves,  J.  P.      J 


462  LANDLORD  AND  TENANT. 

Chester  county,  ss. 

We,  Enoch  Rex  ahove  named,  Seth  Jones  and  Abel  Lea, 
severally  acknowledge  ourselves  to  be  indebted  to  James  Wills, 
in  the  sum  of  two  hundred  and  sixty-six  dollars  and  sixty-seven 
cents,  lawful  money  of  the  United  States,  to  be  levied  of  our 
goods  and  chattels,  lands  and  tenements  respectively,  and  to  be 
void  upon  this  condition,  that  the  said  Enoch  Rex  shall  prosecute 
his  claim  aforesaid  at  the  next  Court  of  Common  Pleas  to  be 
held  for  said  county. 


Taken  and  acknowledged,  April "" 
6,  A.  D.  1860,  before 
John  Graves, 
John  Newlin,  JJ.  P. 


Enoch  Rex, 
Seth  Jones, 
Abel  Lea. 


13.  Affidavit  of  Holding  under  Co-tenant, — and  Recognisance. 

p.  614,  pi,  20.     22  March  1814,  6  Sm.  L.  176. 

James  Wills  ^  Before  John  Graves  and   John  Newlin,  Es- 
V.  V      quires.  Justices  of  the  Peace  of  the  County 

John  Gregg,  j      of  Chester. 
Proceedings  of  plaintiff  as  landlord  to  obtain  possession,  &c. 

Chester  county,  ss. 

John  Gregg  above  named  being  duly  sworn,  declares  that 
the  premises  in  dispute  in  the  above  proceeding  are  holden  and 
claimed  under  James  Robb,  a  co-tenant  with  the  said  James 
Wills,  and  that  said  premises  in  dispute  do  not  exceed  in  quan- 
tity or  value  the  just  proportion  of  the  said  James  Robb. 
Sworn  and  subscribed,  April  6,  ^  John  Gregg. 

A.  D.  1860,  before 

John  Graves, 

John  Newlin,  JJ.  P. 

Chester  county,  ss. 

We,  James  Robb,  named  in  the  above  proceedings,  Seth 
Jones  and  Abel  Lea,  all  of  the  County  of  Chester,  severally  ac- 
knowledge ourselves  to  be  indebted  to  James  Wills,  above  named. 


LANDLORD  AND  TENANT.  463 

in  the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  levied  of  our  respective  goods  and  chattels,  lands 
and  tenements,  and  to  be  void  on  this  condition,  that  the  said 
James  Robb  shall  prosecute  his  claim  at  the  next  Court  of 
Common  Pleas  to  be  held  for  the  said  County  of  Chester. 
Taken  and  acknowledged,  April ,  James  Robb, 

6,  A.  D.  1860,  before  I  Seth  Jones, 

John  Graves,  j  Abel  Lea. 

John  Newlin,  JJ.  P.    ^ 


14.  Notice  to  Tenant  on  Non-payment  of  Rent. 

p.  614,  pi.  2L     3  April  1830,  P.  L.  187. 

To  John  Gregg : 

There  being  the  sum  of  fifty  dollars  now  due  and  in  arrear 
from  you  for  rent  of  the  house,  &c.  (describe  it),  in  your  pos- 
session, under  lease  from  me,  and  there  being  no  goods  on  said 
premises  adequate  to  pay  the  said  rent,  the  payment  of  which 
is  hereby  demanded,  except  such  articles  as  are  exempt  from 
levy  and  sale  by  the  laws  of  this  Commonwealth,  you  are  hereby 
notified  to  quit  the  said  premises  within  fifteen  days  from  the 
date  hereof,  or  pay  and  satisfy  the  rent  so  due  and  in  arrear. 

Witness  my  hand  the  second  day  of  April,  1860. 

James  Wills. 


15.   Complaint  to  Justices  on  Non-payment  of  Rent. 

p.  615,  pi.  21.     3  April  1830,  P.  L.  187. 

To  John  Graves  and  John  Newlin,  Esquires,  two  Justices  of 
the  Peace  of  said  county : 

The  complaint  of  James  Wills  represents,  that  on  the  first 
day  of  January,  A.  D.  1859,  he  demised  to  John  Gregg  a 
house,  &c.  (describing  it),  for  the  term  of  two  years  from  the 
first  day  of  April  then  next,  reserving  an  annual  rent  of  one 
hundred  dollars,  payable  in  half-yearly  payments,  on  the  first 


464  LANDLORD  AND  TENANT. 

days  of  April  and  October  in  each  year,  and  that  the  said 
John  Gregg  entered  into  possession  of  said  premises  by  virtue 
of  the  demise  aforesaid  ;  that  on  the  first  day  of  April  last,  the 
sum  of  fifty  dollars,  one  half-year's  rent  as  aforesaid,  became 
due  according  to  the  terms  of  said  demise ;  that  the  said  John 
Gregg  has  neglected  and  refused  to  pay  the  same,  and  that 
there  are  no  goods  on  said  premises  adequate  to  pay  said  rent 
so  in  arrear,  except  such  articles  as  are  exempt  from  levy  and 
sale  by  the  laws  of  this  Commonwealth :  The  complainant 
further  represents,  that  he  did,  on  the  second  day  of  the  present 
month  of  April,  give  notice  to  the  said  John  Gregg  to  quit  said 
premises  within  fifteen  days  therefrom,  or  pay  and  satisfy  the 
said  sum  of  fifty  dollars,  the  rent  so  due  and  in  arrear,  and 
that  the  said  John  Grego-  has  not  removed  from  and  delivered 
up  said  premises  to  the  complainant,  nor  paid  and  satisfied  such 
rent  within  the  period  of  fifteen  days  aforesaid. 

James  Wills. 

Chester  county,  ss. 

James  Wills,  above  named,  being  duly  sworn,  says,  that  the 
statements  and  allegations  in  the  foregoing  complaint  are  true. 
Sworn  and  subscribed,  April  "j  James  Wills. 

18,  A.  D.  1860,  before        V 
John  Graves,  J.  P.      J 


16.  Warrant  to  Constable  to  Summon   Tenant  on  Non-payment 

of  Rent. 

p.  615,  pi.  2L     3  April  1830,  P.  L.  187. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  William  Lynch, 
Constable  of  the  borough  of  West  Chester ;  Greeting  : 

Whereas  it  appears  to  the  undersigned,  two  Justices  of  the 
Peace  of  said  county,  by  the  complaint  of  James  Wills,  That 
on  the  first  day  of  January,  A.  D.  1859,  he  demised  to  John 
Gregg  a  house,  &c.  (describing  it),  for  the  term  of  two  years 


LANDLORD  AND  TENANT.  465 

from  tlie  first  day  of  April  then  next,  at  the  annual  rent  of  one 
hundred  dollars,  payable  half-yearly,  on  the  first  days  of  April 
and  October,  and  that  on  the  first  day  of  April  inst.,  the  sura 
of  fifty  dollars,  one  half-year's  rent,  was  due  and  in  arrear,  and 
the  said  John  Gregg  had  neglected  and  refused  to  pay  the  same, 
and  that  there  were  no  goods  on  said  premises  adequate  to  pay 
said  rent,  except  such  as  are  exempt  from  levy  and  sale ;  that 
the  said  John  Gregg  has  refused  to  remove  from  and  deliver  up 
said  premises  to  the  said  James  Wills,  or  pay  and  satisfy  said 
rent,  after  due  notice  for  that  purpose :  These  therefore  are  to 
command  you  to  summon  John  Gregg  to  appear  before  the 
undersigned  at  the  office  of  John  Graves  in  the  borough  of 
West  Chester,  on  the  twenty-third  day  of  April  inst.,  at  ten 
o'clock  in  the  forenoon  of  said  day,  to  answer  the  said  com- 
plaint :  Witness  the  hands  and  seals  of  the  said  Justices,  the 
seventeenth  day  of  April,  a.  D.  one  thousand  eight  hundred 
and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin.   [l.  s.] 


James  Wills 

V. 

John  Gregg. 


17.  Record  of  Justices  on  Non-payment  of  Rent, 

p.  615,  pi.  21.     3  April  1830,  P.  L.  187. 

Before  John  Graves  and  John  Newlin,  Es- 
quires.  Justices  of  the  Peace  of  Chester 
County. 

Proceeding  to  obtain  possession  on  non-pay- 
ment of  rent. 


April  17,  1860 ;  Upon  complaint  on  the  oath  of  said  James 
Wills,  and  it  appearing  to  the  said  Justices  that  the  said  James 
Wills  had  leased  to  John  Gregg  a  house,  &c.  (describing  it), 
for  the  term  of  two  years  from  the  first  day  of  April,  a.  d. 
one  thousand  eight  hundred  and  fifty-nine,  at  the  annual  rent 
of  one  hundred  dollars,  payable  half-yearly,  on  the  first  days 
of  April  and  October,  and  that  the  sum  of  fifty  dollars  of  said 
rent  was  due  and  in  arrear  on  the  first  day  of  the  present  month 
of  April,  which  sum  the  said  John  Gregg  had  neglected  and 
30 


466  LANDLORD    AND    TENANT. 

refused  to  pay  ;  that  there  were  not  sufficient  goods  and  chattels 
on  the  premises  to  pay  said  rent,  except  such  as  are  exempt  by 
law  from  levy  and  sale,  and  that  the  said  John  Gregg,  after 
being  notified  on  the  second  day  of  April  aforesaid  to  quit  said 
premises  or  pay  and  satisfy  the  rent  so  due  and  in  arrear, 
within  fifteen  days  thereafter,  has  refused  to  remove  and  re- 
deliver up  possession  of  said  premises,  the  said  Justices  issued 
their  precept  to  William  Lynch,  constable  of  the  borough  of 
West  Chester,  commanding  him  to  summon  the  said  John  Gregg 
to  appear  before  the  said  Justices  at  the  office  of  said  John 
Graves,  in  the  borough  aforesaid,  on  the  twenty-third  day  of 
April  instant,  at  ten  o'clock  in  the  forenoon  of  said  day,  to 
answer  the  complaint  of  the  said  James  Wills. 

April  23,  1860.  The  parties  having  appeared  (or, — proof 
being  made  of  the  due  service  of  said  precept  on  the  said  John 
Gregg  and  he  not  appearing),  the  said  Justices  proceeded  to 
hear  the  case ;  and  it  appearing  that  said  complaint  is  in  all 
particulars  just  and  true,  the  Justices  enter  judgment  against 
the  said  John  Gregg,  that  the  said  house,  &c.,  shall  be  delivered 
up  to  the  said  James  Wills,  and  the  said  Justices  ascertain  and 
determine  on  due  and  legal  proof,  that  the  rent  due  as  aforesaid 
and  in  arrear  is  fifty  dollars,  and,  at  the  request  of  the  said 
James  Wills,  the  said  Justices  issue  a  writ  of  possession  directed 
to  the  said  William  Lynch,  commanding  him  forthwith  to  deliver 
actual  possession  of  the  said  house,  &c.,  to  the  said  James  Wills, 
and  to  levy  the  costs  on  the  said  John  Gregg,  in  the  manner 
costs  are  by  law  levied  and  collected  in  other  writs  of  execution. 

May  3,  1860.     Constable  returns. 

(Set  out  return  in  short.) 


18.  Record  of  Justice  finding  against  Landlord. 

p.  615,  pi.  21.     3  April  1830,  P.  L.  187. 

James  Wills  ""i  Before  John  Graves   and   John  Newlin,  Es- 
V.  >      quires.  Justices  of  the  Peace  of  the  County 

John  Gregg,  j      of  Chester. 

Proceedings  to  obtain  possession  on  non-payment  of  rent. 


LANDLORD   AND    TENANT.  467 

April  17,  1860.  Upon  complaint, — upon  the  oath, — of  said 
James  Wills,  setting  forth  that  said  James  Wills  had  leased  to 
John  Gregg  a  house  (describing  it),  for  the  term  of  two  years 
from  the  first  day  of  April,  A.  D.  one  thousand  eight  hundred 
and  fifty-nine,  at  the  annual  rent  of  one  hundred  dollars,  pay- 
able half-yearly,  on  the  first  days  of  April  and  October :  that 
the  sum  of  fifty  dollars  of  said  rent  was  due  and  in  arrear  on 
the  first  day  of  the  present  month,  which  the  said  John  Gregg 
had  neglected  and  refused  to  pay ;  that  there  were  not  sufficient 
goods  and  chattels  on  said  premises,  except  such  as  are  exempt 
by  law  from  levy  and  sale,  and  that  the  said  John  Gregg,  after 
being  notified  on  the  second  day  of  April  aforesaid,  to  quit  said 
premises  or  pay  and  satisfy  the  rent  so  due  and  in  arrear,  within 
fifteen  days  thereafter,  has  refused  to  remove  and  redeliver  up 
possession  of  said  premises,  the  said  Justices  issued  their  pre- 
cept to  William  Lynch,  constable  of  the  borough  of  West 
Chester,  commanding  him  to  summon  the  said  John  Gregg  to 
appear  before  the  said  Justices  at  the  office  of  the  said  John 
Graves  in  the  borough  aforesaid,  on  the  twenty-third  day  of 
April  instant,  at  ten  o'clock  in  the  forenoon  of  said  day,  to 
answer  the  complaint  of  said  James  Wills : 

April  23,  1860.  The  parties  having  appeared,  the  said  Jus- 
tices proceeded  to  hear  the  case,  and  upon  such  hearing,  it 
appeared  that  the  aforesaid  complaint  of  the  said  James  Wills 
is  vexatious  and  unfounded,  whereupon  the  Justices  dismiss  said 
complaint  with  costs  to  be  paid  by  the  said  James  Wills. 


19.  Recognisance  on  Appeal  on  Non-fayment  of  Rent. 

p.  615,  pi.  21.     3  April  1830,  P.  L.  187. 


James  Wills 

V. 

John  Gregg. 


J 


Before  John  Graves  and  John  Ncwlin,  Es- 
quires, Justices  of  the  Peace  of  Chester 
County. 

Proceeding  of  landlord  to  obtain  possession  for 
non-payment  of  rent. 


468  LANDLORD   AND   TENANT. 

Chester  county,  ss. 

We,  John  Gregg  above  named,  Abel  Lea  and  Seth  Jones,  all 
of  the  County  of  Chester,  severally  acknowledge  ourselves  to 
be  indebted  to  the  said  James  Wills,  in  the  sum  of  two  hundred 
dollars,  to  be  levied  of  our  respective  goods  and  chattels,  lands 
and  tenements,  and  to  be  void  on  this  condition  :  That  in  case 
the  judgment  in  the  above  case  shall  be  affirmed,  the  said  John 
Gregg  shall  pay  all  costs  that  may  have  accrued  or  may  accrue 
in  said  case,  and  will  also  pay  to  the  said  James  Wills  all  rent 
that  has  accrued  or  may  accrue  up  to  the  time  of  final  judg- 
ment, for  the  premises  mentioned  in  said  proceedings. 

Taken  and  acknowledged,  "^  John  Gregg, 

April  28,  1860,  before    I  Abel  Lea, 

John  Graves,  [  Seth  Jones. 

John  Xewlin,  JJ.  P. 


20.   Complaint  on  Removal  and  Refusing  to  give  Security. 

p.  616,  pi.  25.     25  March  1S25,  8  Sm.  L,  41L 

To  John  Graves  and  John  Newlin,  Esquires,  Aldermen  of 
the  City  of  Philadelphia  : 

The  Application  and  Complaint  of  James  Wills,  represents, 

That  the  complainant,  on  the  first  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty,  demised  to 
John  Gregg  a  house,  &c.  (describing  it),  for  the  term  of  one 
year  from  said  day,  at  an  annual  rent  of  one  hundred  dollars, 
payable  quarterly :  that  the  said  John  Gregg  entered  upon  said 
premises  by  virtue  of  said  lease,  and  has  removed  therefrom 
without  leaving  sufficient  property  thereon  to  secure  the  pay- 
ment of  three  months'  rent  thereof;  that  the  complainant,  on 
the  first  day  of  June  instant,  demanded  of  the  said  John  Gregg 
security  for  the  payment  of  said  rent,  and  the  said  John  Gregg 
has  refused  to  give  such  security  in  five  days  after  said  demand 
and  has  refused  to  deliver  up  possession  of  said  premises : 

The  complainant  therefore  applies  to  the  said  Aldermen  to 


LANDLORD  AND  TENANT.  4g9 

proceed  in  such  manner  as  is  directed  by  the  Act  of  Assembly, 
to  give  him  possession  of  said  premises. 

James  Wills. 

City  of  Philadelphia,  ss. 

James  Wills,  being  duly  sworn  says,  that  the  statements  and 
allegations  in  the  foregoing  complaint  are  true  as  he  verily 
believes. 

Sworn  and  subscribed,  June  6,  1  James  Wills. 

1860,  before  I 

John  Graves,  J.  P.  J 


21.    Warrant  to  Summon  Tenant  on  Refusal  to  give  Security. 

p.  616,  pi.  25.    25  March  1825,  8  Sm.  L.  411. 

City  of  Philadelphia,  ss. 

The  Commonwealth  of   Pennsylvania  to  William  Lynch,  a 
Constable  of  the  City  of  Philadelphia  ;  Greeting  : 

Whereas,  complaint  has  been  made  to  John  Graves  and  John 
Newlin,  Esquires,  Aldermen  of  said  city,  on  the  oath  of  James 
Wills,  that  he  had  demised  to  John  Gregg  a  house,  &c.  (describ- 
ing it),  for  the  term  of  one  year  from  the  first  day  of  April 
last,  that  the  said  John  Gregg  entered  upon  said  premises  by 
virtue  of  said  demise,  and  has  removed  therefrom  without  leav- 
ing sufficient  property  thereon  to  pay  three  months'  rent  of  the 
same ;  that  the  said  John  Gregg  has  refused  to  give  security 
for  the  payment  of  said  rent  in  five  days  after  demand  of  the 
same  and  has  refused  to  deliver  up  possession  of  said  premises  : 
These  therefore  are  to  command  you  to  summon  the  said  John 
Gregg  to  appear  before  the  said  Aldermen,  at  the  office  of 
John  Graves,  on  the  twelfth  day  of  the  present  month  of  June, 
at  ten  o'clock  in  the  forenoon  of  said  day,  to  answer  said 
complaint. 

Witness  the  hands  and  seals  of  the  said  Aldermen,  the  sixth 
day  of  June,  A.  D.  one  thousand  eight  hundred  and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


470  LANDLORD  AND  TENANT. 

22.  Record  of  Justices  on  Refusing  to  give  Security. 

p.  616,  pi.  25.     25  March  1825,  8  Sm.  L.  411. 

James  Wills  '\  Before  John  Graves  and  John  Kewlin,  Es- 
V.  V      quires,  Aldermen  of  the  City  of  Philadel- 

JoHN  Gregg.  J       phia. 

Proceedings  by  landlord  to  obtain  possession  for  want  of 
security  for  rent. 

June  6,  1860.  Complaint  made  on  the  oath  of  said  James 
Wills,  that  on  the  first  day  of  April,  a.  d.  1861,  he  demised  to 
the  said  John  Gregg  a  house,  &;c.  (describing  it),  for  the  term 
of  one  year  from  said  day,  at  an  annual  rent  of  one  hundred 
dollars,  payable  quarterly ;  that  the  said  John  Gregg  entered 
upon  said  premises  by  virtue  of  said  demise,  and  has  removed 
therefrom  without  leaving  sufficient  property  thereon  to  secure 
the  payment  of  three  months'  rent :  that  the  complainant  had, 
on  the  first  day  of  June,  instant,  demanded  of  the  said  John 
Gregg  security  for  the  payment  of  said  rent,  and  the  said  John 
Gregg  had  refused  to  give  such  security  in  five  days  after  said 
demand,  and  has  refused  to  deliver  up  said  premises : 

Same  day, — precept  issued  to  William  Lynch,  constable,  to 
summon  said  John  Gregg  to  appear  before  said  Aldermen  at 
the  office  of  said  John  Graves,  on  the  twelfth  day  of  June 
instant,  at  10  o'clock,  A.  M. 

June  7,  1860.  Proof  of  service  of  summons  on  said  John 
Gregg,  on  sixth  day  of  June,  on  oath  of  William  Lynch. 

June  12,  1860.  The  parties  appeared  (or, — said  John  Gregg 
not  appearing),  the  Aldermen  proceeded  to  hear  the  case,  and 
it  appearing-  that  the  said  John  Gregg  had  removed  from  the 
premises  mentioned  in  said  lease,  without  leaving  sufficient 
goods  and  chattels  to  secure  the  payment  of  three  months'  rent, 
or  giving  security  for  the  payment  of  said  rent  in  five  daya 
after  demand  aforesaid,  and  had  refused  to  deliver  up  posses- 
sion of  said  premises,  the  Aldermen  enter  judgment  against  the 
said  John  Gregg,  that  said  premises  shall  be  delivered  up  to  the 
said  James  Wills  forthwith  : 

Same  day, — at  the  request  of  the  said  James  Wills,  the  said 


LANDLORD  AND  TENANT.  471 

Aldermen  issue  a  writ  of  possession,  directed  to  said  William 

Lynch,  to  deliver  possession  as  aforesaid,  and  also  to  levy  the 
costs  of  the  defendant  accordino;  to  law. 


23.  Record  of  one  Justice  to  Dispossess  Tenant. [a) 

P.  1341,  pi.  1.  14  December  1S63,  P.  L.  1125. 

James  Wills  "j 

r 

John  Gregg.  J 

And  now,  April  2,  1860,  it  appearing  before  the  justice  in 
this  case,  by  due  proof,  that  the  said  James  Wills,  on  or  about 
the  first  day  of  January,  A.  D.  one  thousand  eight  hundred  and 
fifty-nine,  was  quietly  and  peaceably  possessed  of  a  certain 
messuage,  &c.  (describing  it),  being  the  same  mentioned  and 
described  in  the  complaint  in  this  case ;  that  he  demised  the 
same  under  the  annual  rent  of  one  hundred  dollars  to  the  said 
John  Gregg,  the  tenant  now  in  possession,  for  the  term  of  one 
year  from  the  first  day  of  April  in  the  year  last  aforesaid,  and 
that  the  said  John  Gregg  entered  into  possession  of  the  pre- 
mises by  virtue  of  said  lease  ;  that  the  said  term  is  fully  ended  ; 
that  the  said  James  Wills  had  given  notice  to  the  said  John 
Gregg  on  the  first  day  of  January  last,  being  three  months 
previous  to  the  expiration  of  said  term,  that  he  desired  to  re- 
possess the  same :  and  it  further  appearing  right  and  proper  to 
the  said  Justice,  judgment  is  entered  against  the  said  John 
Gregg,  that  he  forthwith  give  up  the  possession  of  the  said 
premises  to  the  said  James  Wills,  and  the  said  Justice  further 
gives  judgment  in  favor  of  said  James  Wills  against  said  John 
Gregg  for  fifty  dollars,  the  damages  which  in  the  opinion  of  the 
said  Justice  the  said  James  Wills  has  sustained,  and  for  all  the 
costs  of  these  proceedings. 

(a)   Sec  Gioens  v.  Miller,  12  P.  F.  Smith  133. 


472  LUNATICS   AND   HABITUAL   DRUNKARDS. 


LUNATICS  AND   HABITUAL    DRUNKARDS. 

1.  Petition  for  Commission,  and  Affidavit. 

p.  680,  pi.  1,  2,  4.     13  June  1836,  P.  L.  592. 

To  the  Honorable,  the  .Judges  of  the  Court  of  Common 
Pleas  of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents,  That 
John  Gregg,  a  resident  of  said  county,  now  is,  and  for  five 
years  last  past  and  upwards,  has  been  so  far  deprived  of  his 
reason  and  understanding,  that  he  is  rendered  altogether  unfit 
and  unable  to  govern  himself  or  to  manage  his  afi"airs,  as  by  the 
afiidavits  hereto  annexed  appears : 

Wherefore  the  petitioner  further  showing,  that  he  is  a  rela- 
tion by  marriage  of  the  said  John  Gregg,  being  the  husband  of 
his  daughter  (or  as  the  case  may  be),  respectfully  prays  the 
Court  to  issue  a  commission  in  the  nature  of  a  writ  de  lunatico 
inquirendo,  to  inquire  of  the  lunacy  of  the  said  John  Gregg, 
directed  to  such  person  as  the  Court  shall  think  fit. 

And  he  will,  &c. 
James  Wills. 

(AflBdavit  of  petitioner  of  truth  of  petition  to  be  appended.) 

Chester  county,  ss. 

Seth  Jones  and  Abel  Lea  being  severally  duly  sworn,  declare 
and  say  that  they  are  well  acquainted  with  John  Gregg,  named 
in  the  foregoing  petition,  and  have  been  so  acquainted  for  more 
than  five  years  last  past,  and  from  observing  the  actions  and 
behavior  of  the  said  John  Gregg,  and  hearing  his  speech  and 
conversation,  these  deponents  are  convinced  that  the  said  John 
Gregg  is  now,  and  has  been,  for  the  space  of  time  above  men- 
tioned of  unsound  mind,  and  by  reason  thereof  is  wholly  un- 
fit for  the  management  of  himself  and  his  affairs :  And  these 


LUNATICS    AND    HABITUAL    DRUNKARDS.  473 

deponents  saj,  that  said  state  of  unsoundness  was  and  is  mani- 
fest by  (state  facts  indicating  insanity), (a)  and  further  say  not. 
Sworn  and  subscribed,  May  1,  "j  Seth  Jones, 

A.  D.  1860,  before  V  Abel  Lea. 

John  Graves,  J.  P.     | 


2.  Petition  for  Commission  when  Lunatic  is  under  Restraint. 

p.  680,  pL  1,  2,  4.     13  June  1836,  P.  L.  592. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg,  a  resident  of  said  county,  now  is  and  for 
the  space  of  five  years  last  past  and  upwards  has  been,  so  far 
deprived  of  his  reason  and  understanding,  that  he  is  rendered 
altogether  unfit  and  unable  to  govern  himself  or  to  manage  his 
affairs,  as  by  the  afiidavits  hereto  annexed  appears. 

The  petitioner  further  represents,  that  the  said  John  Gregg 
is  under  restraint  in  the  Pennsylvania  Hospital  for  the  Insane, 
in  the  City  of  Philadelphia,  and  that  he  cannot  conveniently  be 
removed  to  the  place  of  his  residence :  Wherefore  the  peti- 
tioner further  showing  to  the  Court,  that  he  is  a  relation  by 
marriage  of  the  said  John  Gregg,  being  the  husband  of  his 
daughter  (or  as  the  case  may  be),  prays  the  Court  to  issue  a 
commission  in  the  nature  of  a  writ  de  lunatico  inquirendo,  to 
inquire  of  the  lunacy  of  the  said  John  Gregg,  directed  to  such 
person  as  the  Court  shall  think  fit. 

And  he  will,  &c. 

James  Wills. 

(Affidavits  of  petitioner  of  the  truth  of  petition  ; — and  also  of 
other  persons  stating  facts,  to  be  appended.) 

(a)  Although  perhaps  not  absolutely  ncccssar}',  the  better  practice  is  to  state 
in  the  affidavit,  facts  manifesting  insanity. 


474  LUNATICS   AXD    HABITUAL   DRUNKARDS. 

3.  Petition  for  Commission  ivhen  Lunatic  resides  out  of  the 
CommomvealtJi. 

p.  680,  pi.  1,  2,  4.     13  June  1S36,  P.  L.  592. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  county  : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg  being  now  in  the  said  county,  but  not 
having  any  residence  within  this  Commonwealth,  now  is,  and 
for  the  space  of  six  months  last  past  and  upwards,  has  been,  so 
far  deprived  of  his  reason  and  understanding,  that  he  is  ren- 
dered altogether  unfit  and  unable  to  govern  himself  or  to  man- 
age his  affairs,  as  by  the  affidavits  hereto  annexed  appears: 

Wherefore  the  petitioner  further  showing  that  he  is  a  relation 
by  marriage  of  the  said  John  Gregg,  being  the  husband  of  his 
daughter  (or  as  the  case  may  be),  prays  the  Court  to  issue  a 
commission  in  the  nature  of  a  writ  de  lunatico  inquirendo,  to 
inquire  of  the  lunacy  of  the  said  John  Gregg,  directed  to  such 
person  as  the  Court  shall  think  fit. 

And  he  will,  &c, 

James  Wills. 

(Affidavits  of  petitioner  to  the  truth  of  petition ; — and  also 
of  other  persons  stating  facts,  to  be  appended.) 


4.  Petition  for  Commission  ivhere  Lunatic  has  no  Relations,  ^c. 

p.  680,  pi.  1,  2,  4,  5.     13  June  133o,  P.  L.  592.     15  April  1851,  P.  L.  714. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  county : 

The  petition  of  James  Wills,  Respectfully  represents, 
That  John  Gregg,  of  the  Township  of  Penn  in  said  county, 
now  is,  and  for  the  space  of  five  years  last  past  and  upwards, 
has  been  so  far  deprived  of  his  reason  and  understanding  that 
he  is  rendered  altogether  unfit  and  unable  to  govern  himself  or 
to  manage  his  affairs,  as  by  the  affidavits  hereto  annexed  appears; 


LUNATICS    AND    HABITUAL    DRUNKARDS.  475 

that  the  said  John  Gregg  has  no  relative  by  blood  or  marriage, 
residing  within  the  Commonwealth. 

Wherefore  the  petitioner,  showing  that  he  is  a  disinterested 
person  of  the  same  Township  of  Penn,  in  which  the  said  John 
Gregg  resides,  prays  the  Court  to  issue  a  commission  in  the 
nature  of  a  writ  de  lunatico  inquirendo,  to  inquire  of  the  lunacy 
of  the  said  John  Gregg,  directed  to  such  person  as  the  Court 

shall  think  fit. 

And  he  will,  &c. 

James  Wills. 

(Affidavits  of  petitioner  of  truth  of  petition ; — and  also  of 
other  persons  stating  facts,  to  be  appended.) 


5.  Petition  for  Commission  where  Lunatic  is  absent  from  the 
Commonwealth. 

p.  680,  pi.  1,  2,  4.     13  June  1S36,  P.  L.  592. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester : 

The  petition  of  James  Wills,  Respectfully  represents. 

That  John  Gregg  now  is,  and  for  the  space  of  six  months 
last  past  and  upwards,  has  been  so  far  deprived  of  his  reason  and 
understanding,  that  he  is  rendered  altogether  unfit  and  unable 
to  govern  himself  or  to  manage  his  affairs,  as  by  the  affidavits 
hereto  annexed  appears ;  that  the  said  John  Gregg  is  an  inha- 
bitant of  this  Commonwealth  and  is  now  absent  therefrom,  and 
that  his  last  place  of  residence  was  in  the  said  County  of  Ches- 
ter (or, — that  he  has  real  estate  in  said  County  of  Chester). 

Wherefore  the  petitioner  .further  showing  to  the  Court  that 
he  is  a  relative  by  marriage  of  the  said  John  Gregg,  being  the 
husband  of  his  daughter  (or  as  the  case  may  be),  respectfully 
prays  the  Court  to  issue  a  commission  in  the  nature  of  a  writ 
de  lunatico  inquirendo,  to  inquire  of  the  lunacy  of  the  said  John 
Gregg,  directed  to  such  person  as  the  Court  shall  think  fit. 

And  he  will,  &c. 

James  Wills. 

(Affidavits  of  the  petitioner  of  the  truth  of  petition ; — and 
also  of  other  persons  stating  facts,  to  be  appended.) 


476  LUNATICS  AND   HABITUAL  DRUNKARDS. 

6.  Petition  for  Commission  on  Habitual  Drunkards. 

p.  680,  pi.  1,  2,  4,  5.    13  June  1836,  P.  L.  592.     15  April  1851,  P.  L.  714. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg  of  said  county,  by  reason  of  habitual  drunk- 
enness, has  become  incapable  of  managing  his  estate,  and  is 
wasting  and  destroying  the  same,  as  by  the  aiJidavits  hereto 
annexed  appears :  Wherefore  the  petitioner  showing  that  he  is 
a  relative  by  marriage  of  the  said  John  Gregg,  being  the  hus- 
band of  his  daughter  (or  as  the  case  may  be),  respectfully 
prays  the  Court  to  issue  a  commission  in  the  nature  of  a  writ 
de  lunatico  inquirendo,  to  inquire  of  the  habitual  drunkenness 
of  the  said  John  Gregg,  directed  to  such  person  as  the  Court 
shall  think  fit. 

And  he  will,  &c. 

James  Wills. 

(AflBdavits  of  petitioner  of  truth  of  petition ; — and  also  of 
other  persons  stating  facts,  to  be  appended.) 


7.  Notice  to  Relations,  cj-e.,  of  Commission. 

p.  681,  pi.  7.     13  June  1836,  P.  L.  594. 

To  Charles  Gregg  and  James  Gregg :  You  are  hereby  noti- 
fied, that  a  commission  issued  by  the  Court  of  Common  Pleas 
of  Chester  County,  on  the  first  day  of  May  instant,  and  directed 
to  the  undersigned  to  inquire  of  the  lunacy  of  John  Gregg,  will 
be  executed  at  the  house  of  John  Babb,  in  the  Borough  of  West 
Chester  in  said  county,  on  the  twentieth  day  of  the  same  month 
of  May,  at  ten  o'clock,  A.  M. 

Witness  the  said  Commissioner,  the  first  day  of  May,  a.  d. 
1860. 

William  Marshall, 

Commissioner. 


LUNATICS  AND   HABITUAL   DRUNKARDS.  477 

8.  Venire. 

p.  680,  pi.  3.     p.  681,  pi.  8.     13  June  1836,  P.  L.  592,  594. 

Chester  county,  ss. 

'    The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  Chester 

County ; — Greeting  : 

You  are  hereby  required  to  summon  nine  persons  (or  as  the 
case  may  be,  not  more  than  twelve  nor  less  than  six),  lawful 
men  of  said  county,  to  come  before  the  undersigned  Commis- 
sioner, by  virtue  of  a  commission  in  the  nature  of  a  writ  de 
lunatico  inquirendo,  issued  by  the  Court  of  Common  Pleas  of 
said  county,  at  the  house  of  John  Babb  in  the  Borough  of 
West  Chester  in  the  said  county,  on  the  twentieth  day  of  the 
present  month  of  May,  at  ten  o'clock  in  the  forenoon  of  said 
day,  to  inquire  of  the  lunacy  of  John  Gregg  in  said  commission 
named,  and  of  such  other  things  as  shall  be  given  them  in  charge 
by  virtue  thereof :  Given  under  the  hand  and  seal  of  said  Com- 
missioner, the  second  day  of  May,  a.  d.  one  thousand  eight 
hundred  and  sixty. 

William  Marshall,  [l.  s.] 


9.  Subpoena. 

p.  680,  1 1.  3.     13  June  1S36,  P.  L.  592. 

Chester  county,  ss. 

The  Commonwealth  o''  Pennsylvania,  to  Enoch  Rex,  Seth 
Jones,  &c. ; — Greeting  : 

You  and  each  of  you  are  hereby  required  to  be  and  appear 
at  the  house  of  John  Babb,  in  the  Borough  of  West  Chester,  in 
said  county,  on  the  twentieth  day  of  the  present  month  of  May, 
at  ten  o'clock  in  the  forenoon  of  said  day,  before  the  under- 
signed Commissioner,  by  virtue  of  a  commission  in  the  nature 
of  a  writ  de  lunatico  inquirendo,  issued  by  the  Court  of  Common 
Pleas  of  Chester  County,  to  inquire  amongst  other  things  of  the 
lunacy  of  John  Gregg  in  said  commission  named,  then  and  there 
to  testify  such  matters  as  you  may  know  of  the  lunacy  of  the 


478  LUNATICS    AND    HABITUAL    DRUNKARDS. 

said  John  Gregg,  and  all  such  other  matters  as  shall  be  de- 
manded of  you  by  virtue  of  said  commission.  Herein  fail  not 
at  your  peril. 

Given  under  the   hand  and  seal  of  the  Commissioner,  the 
second  day  of  May,  A.  D.  1860. 

William  Marshall,  [l.  s.] 
Commissioner. 


10.  Habeas  Corpus. 

p.  680,  pi.  3.     13  June  1836,  P.  L.  592, 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to  James  Gregg ; 
Greeting : 

Whereas  it  has  been  represented  to  the  undersigned,  Com- 
missioner, by  virtue  of  a  commission  in  the  nature  of  a  writ  de 
lu7iatico  inquirendo,  issued  by  the  Court  of  Common  Pleas  of 
said  county,  to  inquire  amongst  other  things  of  the  lunacy  of 
John  Gregg  in  said  commission  named,  that  the  said  John  Gregg 
is  now  in  your  custody ;  these  are  therefore  to  will  and  require 
you,  to  have  the  body  of  the  said  John  Gregg  before  the  under- 
signed, on  the  execution  of  said  commission,  at  the  house  of 
John  Babb,  in  the  borough  of  AVest  Chester  in  said  county,  on 
the  twentieth  day  of  the  present  month  of  May,  at  ten  o'clock 
in  the  forenoon  of  said  day,  there  to  be  examined  touching  the 
matters  aforesaid. 

Given  under  the  hand  and  seal  of  the  said  Commissioner,  the 
second  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty. 

William  Marshall,  [l.  s.] 
Commissioner. 


11.  Inquisition  before  Commissioner  of  Lunacy. 

p.  680,  pi.  3.     13  June  1836,  P.  L.  592. 

Inquisition  taken  at  the  house  of  John  Babb,  in  the  Borough 


LUNATICS   AND   HABITUAL   DRUNKAKDS.  479 

of  West  Chester  and  County  of  Chester,  this  twentieth  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  before  William  Marshall,  Commissioner,  by  virtue  of  a 
commission,  in  the  nature  of  a  writ  de  lunatico  inquirendo, 
issued  by  the  Court  of  Common  Pleas  of  said  county,  bearing 
date  the  second  day  of  May  aforesaid,  to  the  said  William 
Marshall  directed,  and  to  this  inquisition  annexed,  to  inquire 
amongst  other  things  of  the  lunacy  of  John  Gregg  in  said  com- 
mission named,  upon  the  oaths  and  affirmations  of  Seth  Lea, 
Enoch  Rex,  &c.,  &c.  (naming  all  the  inquest),  nine  good  and 
lawful  men  of  said  county  who,  being  sworn  and  affirmed,  and 
charged  to  inquire  of  the  premises,  on  their  oaths  and  affirma- 
tions, Do  say,  that  the  said  John  Gregg  is,  at  the  time  of  the 
taking  of  this  inquisition,  a  lunatic,  and  has  been  so  for  the 
space  of  five  years  last  past,  and  does  not  enjoy  lucid  intervals  ; 
and  that  at  the  time  of  his  becoming  a  lunatic,  he  was  seised  of 
the  lands  and  tenements  mentioned  and  described  in  schedule 
marked  A,  hereto  annexed,  the  same  being  of  the  value  therein 
set  down  ;  and  that  at  the  same  time,  he  was  possessed  of  the 
goods  and  chattels  mentioned  in  schedule  marked  B,  hereto 
annexed,  the  same  being  of  the  value  therein  set  down ;  but 
whether  the  said  John  Gregg  has  since  aliened  or  disposed  of 
the  said  lands  and  tenements,  goods  or  chattels,  or  any  part 
thereof,  the  inquest  aforesaid  know  not  (or  as  the  case  may  be) ; 
and  the  inquest  aforesaid  further  say,  that  the  said  John  Gregg 
is  of  the  age  of  fifty  years  or  thereabouts,  and  that  his  heirs 
and  next  of  kin,  with  their  ages  respectively,  are  mentioned 
and  contained  in  schedule  marked  C,  hereto  annexed. 

In  witness  whereof,  as  well  the  said  Commissioner  as  the 
inquest  aforesaid,  have  hereto  set  their  hands  and  seals,  the  day 
and  year  first  above  written. 

William  Marshall,  [l.  s.] 
Enoch  Rex,  [l.  s.] 

Seth  Lea,  [l.  s.] 

&c.,  &c. 


480  LUNATICS    AND    HABITUAL   DRUNKARDS. 

12.  Inquisition  before  Commissioner  of  Habitual  Drunkenness. 

p.  680,  pi.  3.     13  June  1836,  P.  L.  592. 

Inquisition  taken  at  tlie  house  of  John  Babb,  in  the  borough 
of  West  Chester,  in  the  County  of  Chester,  on  the  twentieth 
day  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty,  before  William  Marshall,  Commissioner,  by 
virtue  of  a  commission  in  the  nature  of  a  writ  de  lunatico  in- 
quirendo  issued  by  the  Court  of  Common  Pleas  of  said  county, 
bearing  date  the  second  day  of  May  aforesaid,  and  to  this  in- 
quisition annexed,  to  inquire  amongst  other  things,  of  the  habi- 
tual drunkenness  of  John  Gregg,  in  said  commission  named, 
upon  the  oaths  and  affirmations  of  Seth  Lea,  Enoch  Rex,  &c. 
(naming  all  the  jurors),  nine  good  and  lawful  men  of  said  county, 
who,  being  sworn  and  affirmed  and  charged  to  inquire  of  the 
premises,  on  their  oaths  and  affirmations.  Do  say,  that  the  said 
John  Gregg  is  an  habitual  drunkard,  and  that  he  is  seised  of 
the  lands  and  tenements  mentioned  and  described  in  schedule 
marked  A,  hereto  annexed,  which  are  worth  by  the  year  as  is 
therein  set  down  ;  that  he  is  possessed  of  the  goods  and  chattels 
mentioned  in  schedule  marked  B,  hereto  annexed,  which  are  of 
the  value  therein  set  down ;  that  the  said  John  Gregg  is  of  the 
age  of  fifty  years  or  thereabouts,  and  that  his  heirs  and  next  of 
kin,  with  their  ages  respectively,  are  mentioned  and  contained 
in  schedule  marked  C,  hereto  annexed. 

In  witness  whereof,  as  well  the  said  Commissioner  as  the  in- 
quest aforesaid,  have  hereto  set  their  hands  and  seals  the  day 

and  year  first  above  written. 

William  Marshall,  [l.  s.] 
Enoch  Rex,  [l.  s.] 

Setii  Lea,  [l.  s.] 

Abel  Jones,  [l.  s.] 

kc,  &c. 

Return  to  Commissioyi. 

To  the  Honorable,  the  Judges  within  named : 
The  execution  of  the  within  commission  appears  by  the  in- 
quisition and  other  schedules  hereto  annexed,  said  inquisition 


LUNATICS    AND    HABITUAL    DRUNKARDS.  481 

having  been  taken  on  ten  days'  notice,  to  James  Gregg,  a  son  of 
George  Gregg,  a  brother  of  said  lunatic. 

So  answers, 

William  Marshall, 

Commissioner. 


13.  Petition  when  Estate  is  small,  ^o. 

p.  680,  pi.  1,  2,  3,  4.     P.  681,  pi.  9.     13  June  1836,  P.  L.  592,  594. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County: 

The  petition  of  James  Wills,  Respectfully  represents,  That 
John  Gregg,  a  resident  of  said  county,  now  is,  and  for  five  years 
last  past  and  upwards  has  been,  so  far  deprived  of  his  reason 
and  understanding,  that  he  is  rendered  altogether  unfit  and 
unable  to  govern  himself  or  to  manage  his  aiFairs,  as  by  the 
affidavits  hereto  annexed  appears ;  that  the  estate  of  the  said 
John  Gregg  consists  of,  kc.  (setting  it  out  as  nearly  as  may  be), 
and  is  therefore  so  small,  that  the  costs  of  an  inquisition  will  be 
found  an  undue  burden  (or, — that  the  said  John  Gregg  has  no 
estate,  as  the  case  may  be).  Wherefore  the  petitioner  further 
showing,  that  he  is  a  relative  by  marriage  of  the  said  John 
Gregg,  being  the  husband  of  his  daughter  (or  as  the  case  may 
be),  prays  the  Court  to  direct  an  inquest  to  be  impannelled  from 
the  jurors  attending  the  Court,  and  that  said  inquisition  be  held 
by  one  of  the  Judges  thereof,  at  such  convenient  time  and  place 
as  shall  be  ordered  by  the  Court. 

And  he  will,  &c. 

James  Wills. 

(Affidavits  of  petitioner  of  truth  of  petition,  and  of  other  per- 
sons to  facts  manifesting  insanity,  to  be  appended.) 


14.  Inquisition  before  Judge,  and  Certificate  of  Want  of  Pro- 
bable Cause. 

P.  681,  pi.  10.     13  Juno  1836,  P.  L.  592, 

Inquisition  taken  at  the  Court  House  in  the  borough  of  West 
Chester  and  County  of  Chester,  the  twentieth  day  of  May,  in 
31 


482  LUNATICS    AND    HABITUAL    DRUNKARDS. 

the  year  of  our  Lord  one  tliousand  eiglit  hundred  and  sixty, 
at  the  time  and  place  in  the  hereinafter-mentioned  order  named, 
before  Jesse  Sharp,  one  of  the  Judges  of  the  Court  of  Common 
Pleas  of  said  county,  in  pursuance  of  an  order  of  said  Court, 
to  this  inquisition  annexed,  to  inquire,  amongst  other  things, 
of  the  lunacy  of  John  Gregg,  upon  the  oaths  and  affirmations  of 
Seth  Lea,  Enoch  Rex,  &c.,  &c.  (naming  them),  nine  good  and 
lawful  men  of  said  county,  impannelled  from  the  jurors  attend- 
ing said  Court,  who,  being  sworn  and  affirmed,  and  charged  to 
inquire  of  the  premises,  on  their  oaths  and  affirmations.  Do  say, 
that  the  said  John  Gregg  is  not  a  lunatic. 

In  witness  whereof,  as  well  the  said  Judge  as  the  inquest 
aforesaid,  have  to  this  inquisition  set  their  hands  and  seals  the 
day  and  year  first  above  written. 


Jesse  Sharp, 

[L.   S.] 

Enoch  Rex, 

[L.  S.] 

Abel  Lea, 

[L.  S.] 

&c.,  &c. 

I,  Jesse  Sharp,  the  Judge  holding  the  above  inquisition,  do 
certify,  that  it  appeared  that  there  was  not  probable  cause  for 
the  application  for  said  inquisition. 

Witness  my  hand  the  day  and  year  above  written. 

Jesse  Sharp. 


15.    Traverse  of  Inquisition. 

p.  6S1,  pi.  15.     IS  June  1836,  P.  L.  605. 

The  Commonwealth  of  ^  In  the  Court  of  Common  Pleas  of 
Pennsylvania,  ex  re-  Chester  County. 

latione  James  Wills,  \  Of  J.Iay  Term,  1860.     No.  10. 

V.  Commission  in  nature  of  a  writ  de 

John  Gregg.  I       lunatico  inquirendo. 

And  now,  on  the  first  day  of  August,  in  the  year  aforesaid, 
comes  the  said  John  Gregg,  by  Job  Mann  his  attorney,  and 
prays  oyer  of  said  commission,  the  return  thereof,  and  the  in- 
quisition thereupon  taken ;  and  the  same  being  read  and  heard, 


LUNATICS    AND    UABITUAL    DRUNKARDS.  483 

the  said  John  Gregg  complains,  that  by  color  of  the  premises 
he  is  greatly  vexed  and  disturbed  and  that  unjustly,  because, 
protesting  that  the  said  commission  and  return  and  inquisition 
are  insufficient  in  law,  to  which  he  need  not,  nor  is  bound 
by  law  to  answer.  For  plea  nevertheless  in  this  behalf,  the 
said  John  Gregg  says,  that  he,  at  the  time  of  taking  the  said 
inquisition  and  always  before,  was,  and  from  thence  hitherto 
has  been  and  now  is  of  sound  mind  and  understanding,  fit  and 
able  to  govern  himself  and  to  manage  his  aiTairs.  Without 
this,  that  he,  the  said  John  Gregg,  at  the  time  of  taking  the 
said  inquisition  or  at  any  time  before  or  after,  was  or  is  now  of 
unsound  mind  or  understanding,  and  unfit  and  unable  to  govern 
himself,  or  manage  his  afi'airs, — in  manner  and  form  as  by  said 
inquisition  is  found,  and  this  the  said  John  Gregg  is  ready  to 
verify.  Wherefore  he  prays  judgment,  and  that  the  said  com- 
mission, return  and  inquisition  may  be  vacated  and  discharged, 
and  that  he  may  be  restored  to  the  government  of  himself  and 
the  possession  of  his  lands  and  tenements,  goods  and  chattels, 
and  the  management  of  his  affairs,  and  that  he,  under  color  of 
the  said  inquisition,  may  be  no  further  molested,  but  from  the 
premises  may  be  wholly  discharged  by  the  Court. 

Joe  Mann, 

For  Defendant. 


16.  Replication  and  Similiter  to  Traverse. 

p.  681,  pi.  15.     13  June  1836,  P.  L.  005. 

The  Commonwealth  of  ^  In  the  Court  of  Common  Pleas  of 

Chester  County. 
\  Of  May  Term,  1860.     No.  10. 
Commission  in  the  nature  of  a  writ 
de  lunatico  inquirendo. 


Pennsylvania,  ex  re- 
latione James  Wills, 

V. 

John  Gregg. 


Chester  county,  ss. 

And  David  Bond,  Attorney  for  the  Commonwealth  in  this 
behalf  says,  that  by  reason  of  anything  by  the  said  John  Gregg 
above  in  pleading  alleged,  the  said  commission,  return  and  in- 
quisition ought  not  to  be  vacated  or  discharged,  nor  the  said 


484  LUNATICS    AND    HABITUAL    DRUNKARDS. 

John  Gregg  restored  to  the  government  of  himself  and  the  pos- 
session of  his  lands  and  tenements,  goods  and  chattels,  and 
management  of  his  affairs ;  because  he  says,  that  the  said  John 
Gregg  at  the  time  of  the  taking  of  said  inquisition  and  before 
was,  and  now  is,  of  unsound  mind  and  understanding,  so  as 
not  to  be  sufficient  to  govern  himself,  and  manage  his  affairs  in 
manner  and  form  as  by  the  said  inquisition  is  found :  and  this 
the  said  David  Bond,  Attorney  in  this  behalf,  prays  may  be 
inquired  of  by  the  country. 

David  Bond, 

For  Commonwealth. 
And  the  said  John  Gregg  does  the  like. 


17.    Petition  of  Wife  of  Drunhard,  ^c,  to  act  as  Feme  Sole. 

p.  701,  pi.  22,  24.     4  May  1855,  P.  L.  430. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County :   i 

The  petition  of  Sarah  Gregg,  wife  of  John  Gregg  of  the 
Township  of  Penn  in  said  county.  Respectfully  represents. 
That  the  said  John  Gregg,  from  drunkenness,  has  neglected 
and  refused  to  provide  for  the  petitioner,  and  has  deserted  her 
for  the  space  of  (a)six  months  (if  profligacy  or  other  cause  is 
averred,  set  out  in  detail  facts  constituting  the  profligacy  or 
other  cause) :  She  therefore  prays  the  Court,  if  satisfied  with 
the  justice  and  propriety  of  this  application  and  upon  such 
notice  as  the  Court  may  direct, — to  make  a  decree  and  grant 
her  a  certificate  that  she  shall  be  authorized  to  act,  have  the 
power,  and  transact  business  as  a  Feme  Sole  trader,  according 
to  the  provisions  of  the  Act  of  the  twenty-second  of  February, 
A.  D.  1718,  entitled,  An  Act  concerning  Feyne  Sole  traders. 

Sarah  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

(a)  No  time  is  fixed  by  the  statute,  but  it  is  deemed  the  better  practice  to 
state  a  period  of  time. 


LUNATICS   AND    HABITUAL   DRUNKARDS.  485 

Chester  county,  ss. 

Samuel  Rex  and  George  Jones,  being  duly  sworn,  say  that 
they  are  well  acquainted  with  the  above-named  John  Gregg ; 
that  he  is  of  intemperate  habits  and  has  so  been  for  the  space 
of  one  year ;  that  he  has  deserted  his  wife  the  above-named 
petitioner,  and  that  he  has  neglected  to  provide  for  her  (or  as 
the  case  may  be.  Set  out  in  detail  the  facts  within  the  knowledge 
of  the  aflSants). 

Sworn  and  subscribed,  June  ^  Samuel  Rex, 

1,  1860,  before  V  George  Jones. 

H.  Fleming,  J.  P.  J 


18.  Application  of  Wife  to  have  sole  Charge  of  Children. 

p.  701,  pi.  23,  24.     4  May  1855,  P.  L.  430. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester : 

The  petition  of  Sarah  Gregg,  the  wife  of  John  Gregg  of  the 
Township  of  Penn  in  said  County  of  Chester,  Respectfully 
represents. 

That  the  said  John  Gregg  by  drunkenness  (or  as  the  case 
may  be),  has  neglected  and  refused  to  provide  for  James  Gregg 
and  Jane  Gregg,  children  of  the  said  John  and  the  petitioner : 
h  She  therefore  prays  the  Court,  if  satisfied  of  the  justice  and 
propriety  of  this  application,  and  upon  such  notice  as  the  Court, 
may  direct,  to  make  a  decree  and  grant  her  a  certificate  that 
she  shall  be  authorized  to  have  all  the  rights  and  be  entitled  to 
claim  and  be  subject  to  all  the  duties  reciprocally  due  between 
a  father  and  his  children,  and  to  act  and  have  the  power,  and 
transact  business,  as  is  provided  by  the  third  Section  of  an  Act, 
entitled  "  An  Act  relating  to  the  duties  of  husband  and  wife, 
and  parent  and  children,"  passed  the  fourth  day  of  May,  Anno 
Domini  one  thousand  eight  hundred  and  fifty-five. 

And  she  will,  &c. 

April  1,  1860.  Sarah  GREoa. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


In    the    Court   of    Common 
Pleas  of  Chester  County. 


486  LUNATICS    AND   HABITUAL   DRUNKARDS. 


19.   Order  giving  Mother  the  Privileges  of  a  Father. 

p.  701,  pi.  22,  23,  24.     4  May  1855,  P.  L.  430. 

In  the  Application  of  Sarah 

Gregg,  to  be  substituted  for 

her  husband  in  care  of  their 

children. 

And  now,  June  10,  1860,  due  proof  having  been  made  that 
notice  of  the  application  of  Sarah  Gregg  has  been  given  to 
John  Gregg  (or  as  the  notice  required  is),  according  to  the  order 
of  the  Court,  and  the  allegation  in  said  application  being  sus- 
tained by  the  testimony  of  Abel  Lea  and  Seth  Jones,  two  re- 
spectable witnesses,  and  the  Court,  being  satisfied  of  the  justice 
and  propriety  of  the  application  of  the  said  Sarah  Gregg, 
decree  and  grant  her  a  certificate,  that  she  shall  have  all  the 
rights,  and  be  entitled  to  claim  and  be  subject  to  all  the  duties 
reciprocally  due  between  a  father  and  his  children,  and  that  she 
may  place  them  at  employment  and  receive  their  earnings,  and 
bind  them  to  apprenticeship,  without  the  interference  of  the 
said  John  Greyer,  the  same  as  the  father  of  children  can  now 
do  by  law,  provided  that  the  said  Sarah  Gregg  shall  set  such 
children  a  good  example,  and  properly  educate  and  maintain 
them  according  to  her  ability. 


20.  Bond  of  Committee. 

p.  682,  pi.  18.     13  June  1836,  P.  L.  596. 

Know  all  men  by  these  presents,  that  we,  Seth  Lea  and  Abel 
Jones,  committee  of  the  person  and  estate  of  John  Gregg,  a 
lunatic,  Enoch  Rex  and  James  Robb  of  the  County  of  Chester, 
are  held  and  firmly  bound  unto  the  Commonwealth  of  Pennsyl- 
vania, in  the  sum  of  ten  thousand  dollars,  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  Commonwealth,  her  cer- 
tain attorney  and  assigns,  to  which  payment  well  and  truly  to 
be  made,  we  bind  ourselves  jointly  and  severally,  our  heirs,  exe- 
cutors and  administrators,  firmly  by  these  presents ;  Sealed  with 


LUNATICS    AND    HABITUAL    DRUNKARDS. 


487 


our  seals,  dated  tlie  first  day  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty : 

The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  Seth  Lea  and  Abel  Jones  shall  faithfully  perform 
their  trust  as  committee  aforesaid  and  duly  account  according 
to  law,  for  all  property  and  funds  which  may  have  come  into 
their  hands,  then  this  obligation  to  be  void,  or  else  to  remain  in 
full  force  and  virtue. 


;aled  and  delivered  in  t 

he^ 

Seth  Jones, 

[l. 

S.] 

presence  of 

Abel  Lea, 

[L. 

S.] 

James  Davis, 

Enoch  Rex, 

Tl. 

S.] 

David  Bond. 

James  Robb. 

[L. 

s.] 

21. 

Inventory. 

p.  682,  pi.  22. 

13  J 

une 

1836,  P.  L.  596. 

Inventory  of  the  Personal  Estate  and  statement  of  the  Real 
Estate  of  John  Gregg,  a  lunatic — filed  by  Seth  Jones  and  Abel 
Lea,  committee  of  the  person  and  estate  of  said  lunatic. 


Five  Horses,  .... 

Twenty  Cows,        .... 

&c.,  &c. 
A  messuage  and  tract   of   land  (de- 
scribing it),        .... 


Chester  county,  ss. 

Enoch  Rex  and  James  Robb,  being  duly  sworn  say,  that  they 
have  well  and  truly  and  without  prejudice  and  partiality,  ap- 
praised the  real  and  personal  estate  contained  in  the  foregoing 
inventory,  and  that  the  same  contains  a  just  and  true  appraise- 
ment of  the  estate  mentioned  therein. 

Sworn  and  subscribed,  August  ~|  Enoch  Rex, 

10,  1860,  before  >  James  Robb. 

John  Graves,  J.  P.      J 


$500 

00 

600 

00 

5000 

00 
00 

$6100 

488  LUNATICS   AND   HABITUAL   DRUNKARDS. 

Chester  county,  ss. 

Seth  Jones  and  Abel  Lea,  above  named,  being  severally  duly 
STVorn  say,  that  the  foregoing  is  a  just  and  true  inventory  of  all 
the  personal  estate  belonging  to  the  said  John  Gregg,  so  far  as 
the  same  has  come  to  their  possession  or  knowledge,  and  a  cor- 
rect statement  of  the  real  estate  of  the  said  John  Gregg. 
Sworn  and  subscribed,  August  ^  Seth  Jones, 

10,  A.  D.  1860,  before  >-  Abel  Lea. 

John  Graves,  J.  P.      J 


22.  Petition  to  ajyplt/  Principal  of  Personal  Estate  of  Lunatic 
to  Support,  ^c. 

p.  682,  pi.  24.     13  June  18.36,  P.  L.  597. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Seth  Jones  and  Abel  Lea,  committee  of  the 
person  and  estate  of  John  Gregg,  a  lunatic,  Respectfully  repre- 
sents, 

That  the  said  lunatic  has  a  wife,  ]NLary  Gregg,  and  two  minor 
children,  viz. :  James  Gregg  and  Charles  Gregg ;  that  his  per- 
sonal estate  amounts  to  the  sum  of  one  thousand  dollars,  as  by 
the  inventory,  a  copy  whereof  is  hereto  annexed,  will  appear, 
and  the  rent  derived  from  his  real  estate,  which  is  leased  on  the 
most  advantageous  terms  that  could  be  obtained,  is  two  hundred 
dollars  per  annum,  and  that  there  are  debts  and  engagements 
due  by  the  lunatic  amounting  to  five  hundred  dollars,  as  by  the 
annexed  statement  thereof  will  appear. 

The  petitioners  further  represent,  that  in  their  judgment  the 
sum  of  four  hundred  dollars  will  probably  be  required  annually, 
for  the  support  and  maintenance  of  said  lunatic  and  of  his  family 
and  the  education  of  his  minor  children,  and  that  the  income 
of  his  real  and  personal  estate  is  insufficient  for  said  purposes. 

They  therefore  pray  the  Court  to  authorize  them  to  apply  so 


LUNATICS   AND   HABITUAL   DRUNKARDS.  489 

mucli  of  the  principal  of  the  personal  estate  of  said  lunatic,  as 
may  be  necessary  for  the  purposes  aforesaid. 

And  they  will,  &c. 

Seth  Jones, 

Statement  of  the  debts  due  by  Lunatic : — 
Enoch  Rex,  Bond,  ..... 

George  Shaw,  Book  Account,  . 
Bank  of  Chester  County,  Note, 
Robert  Rex,    .         .         .  do.  . 


lBel  Lea. 

$100 

00 

60 

00 

200 

00 

150 

00 

(Inventory  to  be  annexed.) 


$500  00 


Chester  county,  ss. 

Seth  Jones  and  Abel  Lea,  the  within-named  petitioners,  being 
duly  sworn  say,  that  the  statements  in  the  foregoing  petition 
are  true ;  that  the  above  statement  of  debts  is  correct  and  true, 
and  the  annexed  is  a  true  copy  of  the  inventory  of  the  estate, 
real  and  personal,  of  the  said  John  Gregg,  as  filed  in  the  Pro- 
thonotary's  Office  of  said  Court. 

Sworn  and  subscribed,  August  "j  Seth  Jones, 

10,  1860,  before  >  Abel  Lea. 

John  Graves,  J.  P.      J 


23.  Petition  of  Committee  for  Authority  to  Invest. 

p.  682,  pi.  25.     13  June  1836,  P.  L.  599, 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Seth  Jones  and  Abel  Lea,  Committee  of  the 
person  and  estate  of  John  Gregg,  a  lunatic,  Respectfully  repre- 
sents, 

That  there  is  now  in  their  possession,  as  committee  aforesaid, 
the  sum  of  five  hundred  dollars,  money  of  said  lunatic,  and 
that  they  expect  that  a  further  sum  of  money,  the  amount  of 
which  is  yet  unknown,  will  shortly  come  into  their  hands  from 


490  LUNATICS    AND    HABITUAL    DRUNKARDS. 

the  sale  of  the  chattels  of  said  lunatic  (or  as  the  case  may  be) : 
The  petitioners  therefore  pray  the  Court  to  grant  them  leave, 
under  the  direction  of  the  Court,  to  invest  said  money  in  such 
stocks  or  upon  such  security  as  shall  be  approved  by  the  Court. 

And  they  will,  &c. 

Seth  Jones, 
Abel  Lea. 
(Affidavit  of  petitioners  of  the  truth  of  petition  to  be  appended.) 


2J:.  Petition  for  Sale  of  Real  Estate  and  Exiiihits. 

p.  683,  pL  30,  31,  32.     13  June  1836,  P.  L.  597. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Seth  Jones  and  Abel  Lea,  Committee  of  the 
person  and  estate  of  John  Gregg,  a  lunatic,  Respectfully  repre- 
sents, 

That  the  said  lunatic  has  a  vrife,  to  "wit,  Sarah  Gregg  and  two 
children,  to  wit,  James  Gregg  and  Charles  Gregg  (the  last  of 
whom  is  a  minor,  and  has  for  his  guardian  George  Boyd),  who 
are  all  the  next  of  kin  of  said  lunatic,  capable  of  inheriting  his 
estate ; — that  the  personal  estate  of  said  lunatic  is  not  sufficient 
for  the  payment  of  his  debts  and  engagements,  the  support  and 
maintenance  of  said  lunatic  and  his  family,  and  for  the  education 
of  his  minor  child ;  the  petitioners  accompany  this  petition  with 
a  true  and  perfect  statement  and  inventory  of  the  real  and  per- 
sonal estate  of  the  lunatic,  so  far  as  the  same  has  come  to  their 
knowledge ;  a  statement  of  the  debts  due  by  the  lunatic,  so  far 
as  they  can  ascertain  the  same,  and  an  estimate  of  the  sum  that 
will  probably  be  required  annually  for  the  support  and  mainte- 
nance of  the  lunatic,  and  for  the  support  and  maintenance  of 
bis  family,  and  education  of  his  minor  child : 

The  petitioners  therefore  showing  to  the  Court,  by  the  annexed 
notice  and  proof  of  service  thereof,  that  due  notice  of  this  appli- 
cation has  been  given  to  the  aforesaid  wife  and  next  of  kin  of 
the  said  lunatic,  pray  the  Court  to  make  an  order  authorizing 


LUNATICS    AND    HABITUAL    DRUNKARDS.  491 

them  to  sell  at  public  sale, — or  mortgage,  such  parts  of  the  real 
estate  of  said  lunatic  as  the  Court  may  deem  expedient. 

And  they  will,  &c. 

Seth  Jones, 
Abel  Lea. 

Chester  county,  8S. 

Seth  Jones  and  Abel  Lea,  the  above  petitioners,  being  duly 
sworn  say,  that  the  allegations  in  the  foregoing  petition  are 
true,  that  the  inventory  annexed  contains  a  true  and  perfect 
statement  of  the  real  and  personal  estate  of  the  lunatic  so  far 
as  the  same  has  come  to  their  knowledge,  that  the  annexed 
statement  of  debts  is  correct  so  far  as  they  can  ascertain  the 
same,  and  that  the  estimate  of  the  sum  required  annually  for 
the  purposes  in  said  petition  mentioned,  is  just  and  reasonable, 
as  they  verily  believe. 

Sworn  and  subscribed,  August  ^  Seth  Jones, 

10,  1860,  before  >  Abel  Lea. 

John  Graves,  J.  P.      J 

Chester  county,  ss. 

Enoch  Rex  and  James  Robb,  being  severally  duly  sworn  say, 
that  they  are  well  acquainted  with  the  real  estate  of  John 
Gregg  in  the  annexed  inventory  mentioned,  viz.  (describing  it), 
and  are  of  opinion  that  the  same  will  bring  at  a  cash  sale  not 
more  than  five  thousand  dollars,  and  that  they  are  not  interested 
in  said  estate. 

Sworn  and  subscribed,  August  ^  Enoch  Rex, 

10,  1860,  before  V  James  Robb. 

John  Graves,  J.  P.      J 

Statement  of  debts  due  by  the  within-named  John  Gregg. 

David  Bond,  Note, $100 

Job  Mann,  Bond,  ...  .       400 

&c.,  &c.  

$500 
Statement  and  inventory  of  the  real  and  personal  estate  of 
said  John  Gregg. 

(This  should  be  a  copy  of  that  filed  in  Prothonotary's  office.) 


492  LUNATICS   AND   HABITUAL   DRUNKAKDS. 

Chester  county,  ss. 

Charles  Natt  and  Job  Rea  being  duly  sworn  say,  that  they 
are  well  acquainted  with  John  Gregg,  the  within-named  lunatic, 
and  his  family,  and  estimate  the  sum  which  would  be  probably 
required  annually  for  the  support  and  maintenance  of  himself 
and  family,  and  the  education  of  his  children,  at  four  hundred 
dollars. 

Sworn  and  subscribed,  August  "j  Charles  Natt, 

10,  1860,  before  V  Job  Rea. 

John  Graves,  J.  P.   J 

To  Sarah  Gregg,  wife  of  John  Gregg,  and  James  Gregg  and 
Charles  Gregg,  children  of  said  John  Gregg : 

You  will  please  to  take  notice,  that  as  committee  of  the  said 
John  Gregg,  we  intend  to  apply  to  the  Court  of  Common  Pleas 
of  Chester  County,  on  the  fourth  day  of  August  next,  for  an 
order  authorizing  a  sale  or  mortgage  of  such  part  of  the  real 
estate  of  said  John  Gregg,  as  said  Court  shall  deem  expedient, 
for  the  support  and  maintenance  of  said  John  Gregg  and  his 
family,  and  the  education  of  his  minor  child. 

Seth  Jones, 

August  1,  1860.  Abel  Lea. 

Chester  county,  ss. 

William  Lynch,  being  duly  sworn  says,  that  he  served  the 
within  notice  upon  Sarah  Gregg  and  James  Gregg,  therein 
named,  personally,  on  the  second  day  of  August  instant,  by 
giving  them  true  copies  thereof,  and  the  same  day  on  Charles 
Gregg,  by  giving  a  true  copy  to  his  guardian  George  Boyd  (or 
as  the  case  may  be). 

Sworn  and  subscribed,  August  ^  William  Lynch. 

10, 1860,  before  V 

John  Graves,  J.  P.      J 


LUNATICS   AND    HABITUAL    DRUNKARDS,  493 

25.  Appointment  of  Auditor  to  Investigate  and  Report. 

p.  683,  pi.  33.     13  June  1836,  P.  L.  597. 

Chester  county,  ss. 

At  a  Court  of  Common  Pleas,  held  and  kept  at 
West  Chester  for  the  County  of  Chester,  the  tenth 
[Seal.]     day  of  August,  A.  D.  one  thousand   eight  hundred 
and  sixty,  before  the  Honorable  Townsend  Haines, 
President,  and  his  associates.  Judges  of  said  Court : 
The  petition  of  Seth  Jones  and  Abel  Lea,  committee  of  the 
person  and  estate  of  John  Gregg,  a  lunatic,  was  presented,  set- 
ting forth  that  the  personal  estate  of  the  lunatic  is  not  suf- 
ficient for  the  payment  of  his  debts  and  engagements,  the  sup- 
port and  maintenance  of  himself  and  family  and  the  education 
of  his  minor  child,  and  praying  the  Court  to  make  an  order 
authorizing  the  sale  or  mortgage  of  such  parts  of  his  real  estate 
as  the  Court  shall  deem  expedient  for  the  purposes  aforesaid : 
Whereupon   the    Court    appoint   William    Marshall,    Esquire, 
Auditor  to  investigate  the  facts  of  the  case  and  report  upon 
the  expediency  of  granting  said  application,  and  if  the  case 
shall  require  it,  the  amount  proper  to  be  raised  by  such  sale  or 
mortgage.     Due  notice  of  the  hearing  by  the  said  auditor,  to  be 
given  to  Sarah  Gregg,  the  wife,  and  James  Gregg  and  Charles 
Gregg,  children  of  said  lunatic. 

By  the  Court, 

James  Davis, 

Prothonotary. 


26.  Iteport  of  Auditor. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
within  named : 

The  undersigned.  Auditor  appoin-ted  by  the  annexed  order, 
for  the  purposes  therein  mentioned,  Respectfully  reports,  That 
he  sat  for  the  investigation  of  the  case  in  said  order  mentioned, 
at  his  office  in  the  borough  of  West  Chester,  on  the  first  day 


494  LUNATICS   AND   HABITUAL   DRUNKARDS. 

of  September  instant,  and  having  been  duly  sworn,  proceeded 
to  the  duties  committed  to  him. 

There  were  present  at  the  hearing,  the  petitioners  with  their 
counsel,  Davis  Bond,  Esquire,  and  also  Sarah  Gregg  the  wife, 
and  James  Gregg,  a  son  of  the  lunatic,  and  George  Boyd, 
guardian  of  Charles  Gregg,  a  minor  child  of  the  lunatic,  with 
their  counsel,  Job  Mann  (or, — if  the  wife  or  any  of  the  children 
were  absent  or  unrepresented,  state  proof  of  their  having  been 
notified  and  how). 

The  Auditor  finds  the  facts  of  the  case  in  relation  to  the 
ailegations  in  the  petition  to  be  as  follows,  viz.  (set  out  facts). 

The  Auditor  therefore  reports,  that  it  is  expedient  to  grant 
the  application  of  the  petitioners,  and  that  the  amount  proper 
to  be  raised  by  said  sale  (or, — mortgage — as  the  case  may  be), 
will  be  five  thousand  dollars  (or  as  the  case  may  be.)  All  which 
is  respectfully  submitted. 

William  Marshall, 

Auditor. 
September  10,  1860. 


27.  Decree  of  Sale,  ^c. 

p.  683,  pi.  34,  38.     13  June  1836,  P.  L.  598. 

In  the  Estate  of  John    1  In  the  Court  of  Common  Pleas  of 
Gregg,  a  lunatic.  J       Chester  County. 

Upon  the  application  of  the  committee  of  the  said  lunatic 
for  the  sale  or  mortgage  of  his  real  estate. 

And  now,  September  10, 1860.  The  report  of  William  Mar- 
shall, Esquire,  Auditor  to  investigate  the  facts  in  this  case,  being 
read  and  confirmed,  it  is  considered  by  the  Court,  that  an  order 
do  issue  to  Seth  Jones  and  Abel  Lea,  committee,  &c.,  of  said 
lunatic,  to  sell  the  following  described  real  estate  of  the  lunatic, 
viz.  (describing  it),  at  public  sale,  upon  the  following  terms,  viz. : 
One-third  of  the  purchase-money  to  be  paid  cash,  one-third  in 
one  year,  and  the  remaining  third  in  two  years ;  the  latter  two 
payments  with  their  interest,  payable  annually,  to  be  secured 
by  judgment-bond  and  mortgage  on  the  premises.     Notice  of 


LUNATICS    AND    HABITUAL    DRUNKARDS.  495 

said  sale  to  be  given  by  full  advertisement,  at  least  twenty  days, 
by  bandbills  posted  on  at  least  twenty  of  the  most  public  places 
in  said  county,  and  in  at  least  two  newspapers  in  said  county, 
not  less  than  three  times  in  each  (or  as  the  Court  may  order). (a) 
It  is  furthermore  ordered,  that  before  the  confirmation  of  said 
sale,  the  said  committee  shall  enter  into  bond  to  the  Common- 
wealth, in  the  sum  of  ten  thousand  dollars,  with  Enoch  Rex  and 
James  Robb  as  their  sureties,  who  are  approved  by  the  Court, 
for  the  faithful  application  of  the  proceeds  of  said  sale  accord- 
ing to  the  duties  of  their  trust,  and  make  return  to  this  order 
on  the  first  day  of  the  next  term  of  this  Court. 


28.  Decree  of  Mortgage. 

p.  683,  pL  35,  38.     13  June  1836,  P.  L.  598. 

In  the  Estate  of  John    i  In  the  Court  of  Common  Pleas  of 

Gregg,  a  lunatic.  j      Chester  County. 

Upon  the  application  of  the  committee  for  the  sale  or  mort- 
gage of  his  real  estate. 

And  now,  September  10,  1860.  The  report  of  William  Mar- 
shall, Esquire,  Auditor  to  investigate  the  facts  in  this  case, 
being  read  and  confirmed,  it  is  considered  by  the  Court,  that  an 
order  do  issue  to  Seth  Jones  and  Abel  Lea,  committee,  &c.,  of 
the  said  John  Gregg,  to  raise  by  mortgage  of  the  following 
described  real  estate  of  said  lunatic,  viz.  (describing  it),  the 
sum  of  two  thousand  dollars  for  the  payment  of  his  debts,  the 
maintenance  and  support  of  the  lunatic  and  his  family,  and  the 
education  of  his  minor  child,  at  a  rate  of  interest  not  exceeding 
six  per  cent,  per  annum,  and  that  before  the  confirmation  of 
said  mortgage  the  said  Seth  Jones  and  Abel  Lea  enter  into 
bond  to  the  Commonwealth,  in  the  sum  of  four  thousand  dollars, 
with  Enoch  Rex  and  James  Robb  as  their  sureties,  who  are 
approved  by  the  Court,  conditioned  for  the  faithful  application 
of  the  proceeds  of  said  mortgage,  according  to  the  duties  of 
their  trust,  and  make  return  to  this  order  on  the  first  day  of 
the  next  term  of  this  Court, 
(a)  ^wRtul  Estate,  Furdon's  Digest,  p.  852,  \>\.  4.  18  April  1853,  V.  L.  505. 


496  LUNATICS    AND    HABITUAL    DRUNKARDS. 

29.  Return  to  Order  to  Mortgage. 

P.  683,  pi.  30,  &c.     13  June  1836,  P.  L.  698. 

To  the  Honorable,  the  Judges-  within  named  : 
We,  the  within-named  committee,  Do  return,  that  in  pur- 
suance of  said  order  we  have  raised  by  loan  from  Job  Mann, 
the  sum  of  two  thousand  dollars,  for  the  purposes  in  said  order 
mentioned,  payable  in  one  year  from  the  first  day  of  November 
instant,  with  interest  at  the  rate  of  six  per  cent,  per  annum,  and 
to  secure  the  payment  thereof,  have  executed  a  mortgage  to  the 
said  Job  Mann  on  the  real  estate  of  the  said  John  Gregg  de- 
scribed in  said  order,  which  mortgage  we  pray  may  be  confirmed 
by  the  Court. 

Seth  Jones, 
Abel  Lea. 
November  1,  1860. 


80.  Decree  to  raise  Money  on  Land  in  another  County. 

p.  683,  pi.  36.     13  June  1836,  P.  L.  598. 

In  the  Estate  of  John  1  In  the  Court  of  Common  Pleas  of 
Gregg,  a  lunatic.  J      Chester  County. 

Upon  application  of  Committee  of  said  lunatic,  for  the  sale 
or  mortgasre  of  his  real  estate. 

And  now,  September  10, 1860.  The  report  of  William  Mar- 
shall, Esquire,  Auditor  to  investigate  the  facts  in  this  case, 
being  read  and  confirmed,  and  the  Court  being  satisfied  of  the 
expediency  of  the  sale  or  mortgage  of  the  real  estate  of  the  said 
lunatic,  situate  in  the  County  of  Bucks,  viz.  (describing  it) :  it 
is  considered  by  the  Court,  that  the  said  Seth  Jones  and  Abel 
Lea,  Committee,  &c.,  of  the  said  lunatic,  be  authorized  to  raise 
the  sum  of  five  thousand  dollars  by  the  sale  or  mortgage  of 
said  real  estate  in  the  County  of  Bucks,  as  the  Court  of  Com- 
mon Pleas  of  said  County  of  Bucks  shall  deem  expedient. 


LUNATICS   AND   HABITUAL   DRUNKARDS.  497 

31.  Petition  to  Court  of  another  County  for  Decree  of  Sale,  ^e. 

p.  683,  pi.  36.     13  June  1836,  P.  L.  698, 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Bucks : 

The  petition  of  Seth  Jones  and  Abel  Lea,  Committee,  &c.,  of 
John  Gregg,  of  the  County  of  Chester,  a  lunatic,  Respectfully 
represents, 

That,  upon  the  application  of  the  petitioners  to  the  Court  of 
Common  Pleas  of  said  County  of  Chester,  for  an  order  autho- 
rizing them  to  sell  or  mortgage  such  parts  of  the  real  estate  of 
said  lunatic  as  the  Court  should  deem  expedient,  for  the  pay- 
ment of  his  debts,  the  maintenance  and  support  of  himself  and 
family  and  the  education  of  his  minor  children,  such  proceed- 
ings were  had  on  the  tenth  day  of  September  last,  that  the  said 
Court  of  Common  Pleas  of  Chester  County  made  an  order, 
authorizing  the  petitioners  to  raise  the  sum  of  five  thousand 
dollars  from  the  real  estate  of  the  lunatic  in  said  County  of 
Bucks,  viz.  (describing  it) :  for  the  purpose  aforesaid,  by  sale  or 
mortgage  thereof,  as  the  Court  shall  deem  expedient,  as  by  an 
exemplification  of  the  records  of  the  said  Court  of  Common 
Pleas  in  this  behalf,  herewith  exhibited  to  the  Court,  will  appear. 

The  petitioners  therefore  pray  the  Court  to  make  an  order 
for  the  sale  or  mortgage,  as  they  shall  deem  expedient,  of  said 
real  estate  for  the  purposes  aforesaid. 

And  they  will,  &c. 

Seth  Jones, 
Abel  Lea. 

(AflBdavit  of  truth  of  petition  to  be  appended.) 


32.  Bond  of  Committee  on  Sale  of  Heal  Estate. 

p.  683,  pi.  38.     13  June  1836,  P.  L.  598. 

Know  all  men  by  these  presents,  that  we,  Seth  Jones  and 
Abel  Lea,  Committee,  &c.,  of  John  Gregg,  a  lunatic,  Enoch 
32 


498  LUNATICS    AND    HABITUAL    DRUNKARDS. 

Rex  and  James  Robb,  all  of  said  county,  are  held  and  firmly 
bound  unto  the  Commonwealth  of  Pennsylvania,  in  the  sum  of 
ten  thousand  dollars,  lawful  money  of  the  United  States,  to  be 
paid  to  the  said  Commonwealth,  her  certain  attorney  or  assigns, 
to  which  payment  well  and  truly  to  be  made  we  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents  :  Sealed  with  our  seals,  dated  the  first 
day  of  November,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty. 

Whereas  the  Court  of  Common  Pleas  of  said  county,  on  the 
tenth  day  of  September  last,  did  make  an  order  authorizing  the 
said  Seth  Jones  and  Abel  Lea,  Committee  aforesaid,  to  raise 
the  sum  of  five  thousand  dollars  by  the  sale  (or  mortgage,  as 
the  case  may  be),  of  the  real  estate  in  said  order  described,  for 
the  payment  of  the  debts  of  said  lunatic  and  for  the  support 
and  maintenance  of  himself  and  family  and  the  education  of 
his  minor  children  ; 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above- 
named  Seth  Jones  and  Abel  Lea,  Committee  aforesaid,  shall 
faithfully  apply  the  proceeds  of  said  sale  (or  mortgage),  accord- 
ing to  the  duties  of  their  trust,  then  this  obligation  to  be  void, 
or  else  to  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the  -.  Seth  Jones,  [l.  s.] 

presence  of  f  Abel  Lea,      [l.  s.] 

William  Marshall,     C  Enoch  Rex,  [l.  s.] 

James  Davis.  -^  James  Robb.  [l.  s.] 


33.  Petition  for  Deed  on  Death  of  Committee. 

p.  683,  pi.  40.     13  June  1S36,  P.  L.  598. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester  : 

The  petition  of  Job  Mann,  Respectfully  represents, 
That  by  virtue  of  an  order  of  this  Court,  the  tenth  day  of 
September  last,  Seth  Jones,  Committee,  &c.,  of  John  Gregg  a 
lunatic,  exposed  to  public  sale  on  the  twentieth  day  of  October 


LUNATICS    AND    HABITUAL    DRUNKARDS.  499 

last,  the  real  estate  of  said  lunatic,  described  in  said  order,  viz. 
(describing  it),  and  then  sold  the  same  to  the  petitioner  for  the 
sum  of  five  thousand  dollars,  on  the  conditions  in  the  said 
order  mentioned  ;  that  since  said  sale,  the  said  Seth  Jones, 
Committee  aforesaid,  has  died  (or  as  the  case  may  be),  without 
having  executed  a  deed  to  the  petitioner  for  the  said  real 
estate.  The  petitioner  therefore  prays  the  Court  to  direct  the 
Prothonotary  of  this  Court  to  execute  and  deliver  to  him  the 
necessary  deed  for  said  real  estate,  on  his  paying  into  Court 
the  said  sum  of  money  otherwise  payable  to  said  Seth  Jones, 
and  in  other  respects  complying  with  the  terms  of  the  said 
contract  of  sale. 

And  he  will,  &c. 

Job  Mann. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


34.  Petition  for  Mortgage  on  Death  of  Committee. 

p.  683,  pi.  40.     13  June  1836,  P.  L.  598. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Job  Mann,  Respectfully  represents, 

That  by  virtue  of  an  order  of  this  Court,  of  the  tenth  day 
of  September  last,  Seth  Jones,  Committee,  &c.,  of  John  Gregg, 
a  lunatic,  entered  into  a  contract  with  the  petitioner  to  borrow 
from  him  the  sum  of  two  thousand  dollars  for  the  purposes  in 
said  order  mentioned,  the  same  to  be  paid  with  interest  at  the 
rate  of  six  per  cent,  per  annum,  on  the  first  day  of  November, 
A.  D.  one  thousand  eight  hundred  and  sixty-one,  and  to  be  se- 
cured by  mortgage  to  bear  date  on  the  first  day  of  November, 
on  the  real  estate  of  said  lunatic  described  in  said  order,  viz. 
(describing  it).  That  since  the  making  of  said  contract,  the 
said  Seth  Jones,  committee  aforesaid,  has  died  without  receiving 
from  the  petitioner  the  money  so  contracted  to  be  borrowed  on 
executing  said  mortgage. 

The  petitioner  therefore  prays  the  Court  to  direct  the  Pro- 
thonotary of  this  Court,  to  execute  the  said  mortgage,  upon  the 


600  LUNATICS   AND    HABITUAL   DRUNKARDS. 

petitioner  paying  into  Court  the  said  sum  of  money  otherwise 
payable  to  said  committee,  and  in  other  respects  complying 
with  the  said  contract  for  mortgage. 

And  he  "will,  &c. 

Job  Mann. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


35.  Petition  for  Deed  from  Neiv  Committee  on  Death  of  Com- 
mittee. 

p.  683,  pi.  40.     13  June  1836,  P.  L.  59S. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Job  Mann,  Respectfully  represents. 

That  by  virtue  of  an  order  of  this  Court,  of  the  tenth  day 
of  September  last,  Seth  Jones,  Committee,  &c.,  of  John  Gregg, 
a  lunatic,  exposed  to  public  sale  on  the  twentieth  day  of  October 
last,  the  real  estate  of  said  lunatic  described  in  said  order,  viz. 
(describing  it),  and  then  sold  the  same  to  the  petitioner  for  the 
sum  of  five  thousand  dollars,  on  the  conditions  in  the  said  order 
mentioned ;  that  since  said  sale,  the  said  Seth  Jones,  committee 
aforesaid,  has  died  (or  as  the  case  may  be),  without  having  exe- 
cuted a  deed  to  the  petitioner  for  the  said  real  estate :  The 
petitioner  further  represents,  that  Abel  Lea  has  been  appointed 
committee  of  the  person  and  estate  of  said  lunatic :  The  peti- 
tioner therefore  prays  the  Court,  upon  the  said  Abel  Lea  giving 
security  to  the  satisfaction  of  the  Court,  for  the  faithful  appli- 
cation of  the  proceeds  of  the  sale  of  the  aforesaid  real  estate 
according  to  the  duties  of  his  trust,  to  order  the  said  Abel  Lea 
to  execute  to  the  petitioner  a  deed  for  the  said  real  estate, 
upon  payment  to  him,  the  said  Abel  Lea,  of  the  purchase- 
money  of  said  real  estate,  and  the  performance  of  the  terms 
of  the  contract  of  sale  as  aforesaid. 

And  he  will,  &c. 

Job  Mann. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


LUNATICS   AND   HABITUAL   DRUNKARDS.  •       601 

86.  Petition  for  Deed  lahere  Committee  Refuses, — and  Notice. 

p.  683,  pi.  40.     P.  684,  pi.  41.     13  June  1836,  P.  L.  598,  599, 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Job  Mann,  Respectfully  represents,  That  by 
virtue  of  an  order  of  this  Court,  of  the  tenth  day  of  September 
last,  Seth  Jones,  Committee,  &c.,  of  John  Gregg,  a  lunatic,  on 
the  twentieth  day  of  October  last,  exposed  to  public  sale  the 
real  estate  of  said  lunatic  in  said  order  mentioned,  viz.  (de- 
scribing it) ;  and  then  sold  the  same  to  the  petitioner  for  the 
sum  of  five  thousand  dollars,  on  the  conditions  specified  in  the 
said  order ;  that  the  said  Seth  Jones  has  neglected  and  refused 
to  execute  any  deed  for  said  real  estate :  The  petitioner  there- 
fore, showing  to  the  Court,  by  the  annexed  notice  and  proof 
of  service  thereof,  that  due  notice  has  been  given  to  the  said 
Seth  Jones  of  this  application,  prays  the  Court,  if  no  sufiicient 
cause  be  shown  by  the  said  Abel  Lea  for  such  neglect  and  re- 
fusal, to  direct  the  Prothonotary  of  this  Court  to  execute  and 
deliver  to  the  petitioner,  the  necessary  deed  for  said  real  estate 
on  his  paying  into  Court  the  said  purchase-money  otherwise 
payable  to  the  said  Seth  Jones,  and  in  other  respects  comply- 
ing with  the  terms  of  said  contract  of  sale. 

And  he  will,  &c. 

Job  Mann. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

Notice  to  Cojnmittee. 
To  Seth  Jones,  Committee,  &c.,  of  John  Gregg,  a  lunatic  : 
You  are  hereby  notified,  that  in  consequence  of  your  neglect 
and  refusal  to  execute  a  deed  for  the  real  estate  of  said  lunatic, 
purchased  by  me  at  public  sale,  under  an  order  of  the  Court 
of  Common  Pleas  of  Chester  County,  directed  to  you,  I  shall 
apply  to  the  said  Court  on  the  tenth  day  of  November  instant, 
to  order  the  Prothonotary  of  said  Court  to  execute  to  me  a 
deed  for  said  real  estate,  unless  sufficient  cause  be  shown  for 

such  neglect  and  refusal. 

Job  Mann. 

November  1,  a.  d.  1860. 


502  LUNATICS   AND   HABITUAL   DRUNKAEDS. 

Chester  county,  ss. 

William  Lynch,  being  duly  sworn  says,  that  he  served  a 
notice  of  ■which  the  within  is  a  true  copy,  personally  on  the 
said  Seth  Jones  by  giving  him  said  notice  (or  as  the  case  may 
be),  on  the  first  day  of  November  instant. 

Sworn  and  subscribed,  Novem-1  "William  Linch. 

ber  10,  1860,  before  I 

John  Graves,  J.  P.      J 


37.  Petition  for  Sale  of  Timber. 

p.  684,  pi.  42.     16  April  1849,  P.  L.  663. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  Seth  Jones,  Committee  of  John  Gregg,  a 
lunatic,  Respectfully  represents, 

That  the  said  lunatic  is  seised  in  his  demesne  as  of  fee,  of  and 
in  a  certain  messuage  and  tract  of  land  (describing  them),  that 
about  twenty  acres  of  the  same  is  woodland  and  is  in  the  judg- 
ment of  the  petitioner,  more  than  is  necessary  for  said  real 
estate;  that  ten  acres  of  the  same  might  be  cut  off  said  land 
without  disadvantage  thereto ;  that  the  buildings  on  said  real 
estate  are  out  of  repair,  and  the  same  needs  improvement  in 
other  respects  (or  as  the  case  may  be).  The  petitioner  there- 
fore prays  the  Court  to  authorize  him  to  sell  and  dispose  of  the 
wood  and  timber  growing  upon  ten  acres  of  said  land,  with  the 
privilege  to  the  purchaser  of  entering  upon  said  land  to  cut  and 
carry  the  same  away,  or  to  authorize  the  petitioner,  in  his  dis- 
cretion, to  cut  the  same  and  dispose  thereof  when  cut,  if  in  the 
opinion  of  the  Court  the  conversion  of  the  same  into  money,  in 
either  of  the  modes  aforesaid,  will  be  beneficial  to  said  John 
Gregg,  in  order  that  the  proceeds  of  such  sales  shall  be  expended 
in  improving  the  real  estate  of  the  said  John  Gregg  (or  "  form  a 


LUNATICS    AND    HABITUAL    DRUNKARDS.  503 

part  of  his  personal  estate  as  if  originally  a  part  thereof,"  as 
the  case  may  be). 

And  he  will,  &c. 
Seth  Jones. 
(Affidavit  of  truth  of  petition  to  be  appended.) 

Chester  county,  ss. 

Enoch  Rex  and  James  Robb  being  duly  sworn  say,  that  they 
are  well  acquainted  with  the  real  estate  of  the  said  John  Gregg 
in  the  foregoing  petition  named,  and  with  the  woodland  thereof, 
and  are  of  opinion  that  the  wood  might  be  cut  from  ten  acres 
thereof  beneficially  to  the  said  John  Gregg ;  that  in  their  opinion, 
said  wood  is  worth  not  more  than  seven  hundred  dollars,  and 
that  they  are  in  no  wise  interested  therein. 

Sworn  and  subscribed,  Novem- "I  Enoch  Rex, 

ber  1,  1860,  before  V  James  Robb. 

John  Graves,  J.  P.  J 


38.  Decree  to  Cut  Timber. 

p.  683,  pi.  42.     16  April  ]S49,  P.  L.  663, 

In  the  Estate  of  John  1  In  the  Court  of  Common  Pleas  of 
Gregg,  a  lunatic.         J       Chester  County. 

Upon  the  application  of  Seth  Jones,  Committee,  to  sell  timber. 

And  now,  November  1,  1860.  The  petition  of  Seth  Jones, 
Committee,  &c.,  of  John  Gregg,  a  lunatic,  being  read,  and  due 
cause  being  shown  to  the  Court,  and  the  Court  being  of  opinion 
that  the  conversion  into  money  of  the  wood  from  ten  acres  of  his 
real  estate,  mentioned  in  said  petition,  will  be  beneficial  to  the 
said  John  Gregg;  it  is  considered  by  the  Court  that  the  said 
Seth  Jones,  Committee  aforesaid,  be  authorized  to  sell  and  dis- 
pose of  the  wood  from  ten  acres  of  said  real  estate,  with  the 
privilege  to  the  purchaser  to  enter  thereon  to  cut  and  carry 
away  the  same,  or  in  the  discretion  of  said  Committee,  to 
cut  the  same  and  dispose  thereof  when  cut ;  the  proceeds  of 
said  sale  to  be  expended  in  improving  the  real  estate  of  said 


604  LUNATICS    AND    HABITUAL    DRUNKAEDS. 

Jolin  Gregg  (or  "  to  form  a  part  of  the  personal  estate  of  said 
John  Gregg,  as  if  originally  a  part  thereof,"  as  the  case  may 
be),  the  said  Seth  Jones  entering  into  bond  to  the  Common- 
wealth, in  the  sum  of  fourteen  hundred  dollars,  with  Enoch 
Rex  and  James  Robb  as  his  sureties,  who  are  approved  by  the 
Court,  for  the  due  application  of  the  proceeds  of  said  timber. 


39.  Bond  of  Committee  Selling  Timber. 

Know  all  men  by  these  presents,  that  we,  Seth  Jones,  Com- 
mittee of  the  person  and  estate  of  John  Gregg,  a  lunatic, 
Enoch  Rex  and  James  Robb,  all  of  the  County  of  Chester,  are 
held  and  firmly  bound  unto  the  Commonwealth  of  Pennsylvania, 
in  the  sura  of  fourteen  hundred  dollars,  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  Commonwealth,  her 
certain  attorney  and  assigns,  to  which  payment  well  and  truly 
to  be  made,  we  bind  ourselves  jointly  and  severally,  our  heirs, 
executors  and  administrators,  firmly  by  these  presents ;  Sealed 
with  our  seals,  dated  the  first  day  of  November,  A.  D.  one 
thousand  eight  hundred  and  sixty : 

Whereas  by  an  order  of  the  Court  of  Common  Pleas  of  said 
county,  the  said  Seth  Jones,  committee  aforesaid,  was  this  day 
authorized  to  sell  and  dispose  of  certain  wood  and  timber  of  the 
said  John  Gregg,  in  said  order  mentioned,  or,  in  his  discretion, 
to  cut  the  same  and  dispose  thereof  when  cut,  and  to  expend 
the  proceeds  in  improving  the  real  estate  of  said  John  Gregg 
(or  as  the  case  may  be) : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
Seth  Jones,  committee  aforesaid,  shall  duly  apply  the  proceeds 
of  said  sale,  then  this  obligation  to  be  void,  or  else  to  remain  in 
full  force  and  virtue. 

Sealed  and  delivered  in  the-.  Seth  Joxks,  [l.  s.] 

presence  of  I  Enoch  Rex,   [l.  s.] 

James  Davis,  [  James  Robb.  [l.  s.] 

William  Marshall.     ^ 


LUNATICS   AND   HABITUAL   DRUNKARDS.  505 


40.  Petition  to  enforce  Contract  of  Lunatic  for  Sale  of  Land. 

P.  684,  pi.  43.     13  June  1836,  P.  L.  599. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Seth  Jones,  Committee,  &c.,  of  John  Gregg, 
a  lunatic,  Respectfully  represents, 

That  the  said  John  Gregg  did  by  contract  in  writing,  here- 
with exhibited,  dated  the  first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty,  bind  himself 
to  sell  and  convey  to  Job  Mann,  in  fee  simple,  for  the  considera- 
tion of  five  thousand  dollars,  a  messuage,  &c.  (describing  them), 
with  the  appertenances,  and  in  pursuance  of  said  contract,  one 
thousand  dollars  were  paid  at  the  date  thereof  to  the  said  John 
Gregg,  and  the  remainder  was  to  be  paid  on  the  first  day  of 
April  then  next,  when  a  deed  was  to  be  executed  and  delivered 
to  the  said  Job  Mann  for  the  said  messuage,  &c, ;  that  since  the 
making  of  the  said  contract  the  said  John  Gregg  has  become 
lunatic,  and  has  been  so  found  by  an  inquisition  taken  on  the 
first  day  of  March  last,  under  authority  of  this  Court,  being 
seised  and  possessed  of  said  real  estate,  and  without  having 
executed  and  delivered  to  the  said  Job  Mann  a  deed  for  the 
same ;  that  the  petitioner  was  duly  appointed  Committee  of  the 
person  and  estate  of  the  said  John  Gregg,  and  that  the  next  of 
kin  of  the  said  John  Gregg  are  his  wife,  Sarah  Gregg,  and  two 
children,  James  Gregg  and  Charles  Gregg,  the  last  of  whom  is 
a  minor,  and  has  for  his  guardian,  Enoch  Rex. 

The  petitioner  therefore  prays  the  Court  to  cause  due  notice 
of  this  application  to  be  given  to  the  said  Job  Mann,  and  to  the 
said  next  of  kin  of  the  said  John  Gregg,  to  appear  in  Court  on 
a  day  certain,  and  answer  this  petition,  and  if  no  sufficient 
cause  be  shown  to  the  contrary,  to  decree  specific  performance 
of  said  contract,  according  to    the    true  intent  and  meaning 

thereof. 

And  he  will,  &c. 

Seth  Jones. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


In  the  Estate  of  John 
Gregg,  a  lunatic. 


506  LUNATICS    AND    HABITUAL   DRUNKAKDS. 


41.   Order  of  Court  to  Parties  to  come  in. 

^  In  the  Court  of  Common  Pleas  of 
Chester  County. 
Application  of  Seth  Jones,  Com- 
mittee, to  enforce  Contract    of 
Lunatic,  &c. 

And  now,  April  10,  A.  D.  1860,  upon  the  hearing  of  the 
petition  of  the  said  Job  Mann,  the  Court  direct  that  twenty 
days'  notice  be  given  to  Job  Mann,  and  to  Sarah  Gregg  the 
■wife,  and  James  Greyer  and  Charles  Gregor  the  children  of  said 
lunatic,  to  appear  in  this  Court  on  the  tenth  day  of  May  next, 
to  answer  the  petition  of  the  said  Seth  Jones,  Committee  of  the 
said  John  Gregg,  and  show  cause,  if  any  they  have,  why  specific 
performance  of  the  contract  mentioned  in  said  petition  should 
not  be  decreed,  according  to  the  true  intent  and  meaning 
thereof. 


42.  Notice  to  Parties  to  Apj^ear. 

p.  6S4,  pi.  .13.     13  June  1S36,  P.  L.  599. 

Chester  county,  ss. 

At  a  Court  of  Common  Pleas,  held  and  kept  at 

[Seal.]     West  Chester,  for  said  County  of  Chester,  on  the 
tenth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  before  the  Honorable  Town- 
send  Haines,  President,  and  his  Associates,  Judges  present. 

The  petition  of  Job  Mann  was  presented,  setting  forth  that 
John  Gregg  did  by  contract  in  writing,  dated  the  first  day  of 
January,  in  the  year  aforesaid,  bind  himself  to  sell  and  convey 
a  messuage  (describing  it),  to  Job  Mann,  in  fee  simple,  for  the 
consideration  of  five  thousand  dollars,  and  in  pursuance  of  said 
contract,  one  thousand  dollars  were  paid  at  the  date  thereof, 
and  the  remainder  was  to  be  paid  on  the  first  day  of  April  then 
next,  when  a  deed  was  to  be  executed  and  delivered  to  the  said 
Job  Mann,  for  the  said  messuage,  &c. ;  that  since  the  making 


LUNATICS    AND    HABITUAL    DRUNKARDS.  507 

of  the  said  contract,  the  said  John  Gregg  has  become  a  lunatic, 
and  has  been  so  found  by  an  inquisition,  taken  on  the  first  day 
of  March  last,  under  authority  of  this  Court,  being  seised  and 
possessed  of  said  messuage,  &c.,  and  without  having  executed 
and  delivered  a  deed  for  the  same,  and  praying  the  Court  to 
decree  specific  performance  of  said  contract,  according  to  the 
true  intent  and  meaning  thereof.  Whereupon  the  Court  directed 
that  twenty  days'  notice  should  be  given  to  the  said  Job  Mann, 
and  to  Sarah  Gregg,  wife,  and  James  Gregg  and  Charles  Gregg, 
children  of  said  John  Gregg,  to  appear  in  Court  on  the  tenth 
day  of  May  next,  and  answer  said  petition,  and  show  cause,  if 
any  they  or  either  of  them  have,  why  the  Court  should  not 
decree  specific  performance  of  said  contract,  according  to  the 
true  intent  and  meaning  thereof. 

By  the  Court. 

James  Davis, 

Prothonotary. 


In  the  Estate  of  John 
Gregg,  a  lunatic. 


43.  Decree  of  Specific  Performance. 

p.  684,  pL  43,  45.     13  June  1836,  P.  L.  599,  600. 

In  the  Court  of  Common  Pleas  of 
Chester  County. 

Upon  the  Application  of  Seth 
Jones,  Committee,  to  enforce 
Contract  of  Lunatic,  &c. 

And  now,  May  10,  1860,  proof  having  been  made  of  due 
service  of  the  notice  heretofore  directed  on  Job  Mann  the 
purchaser,  and  Sarah  Gregg  the  wife  and  James  Gregg  and 
Charles  Gregg  children  of  said  lunatic,  and  the  Court  having 
fully  considered  the  said  petition,  and  the  facts  in  the  case  being 
sufficient  in  Equity,  and  no  sufficient  cause  being  shown  to  the 
contrary,  the  Court  decree  that  the  said  contract  be  specifically 
performed,  according  to  the  true  intent  and  meaning  thereof. 

And  the  Court  further  direct,  that  upon  the  payment  by  the 
said  Job  Mann  of  the  sum  of  four  thousand  dollars,  the  re- 


508  LUNATICS   AND   HABITUAL   DRUNKARDS. 

mainder  of  the  purchase-money  payable  according  to  the  terms 
of  said  contract,  that  the  said  Seth  Jones,  committee  aforesaid, 
do  execute,  to  the  said  Job  Mann,  a  good  and  sufficient  deed, 
conveying  to  him  in  fee  simple,  the  said  messuage  and  tract  of 
land  in  said  contract  mentioned,  in  accordance  with  the  inten- 
tion of  the  same. 


44.  Petition  to  enforce  Parol  Contract. 

p.  684,  pi.  46.     13  June  1836,  P.  L.  600. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Job  Mann,  Respectfully  represents, 

That  John  Gregg,  of  said  county,  entered  into  a  parol  con- 
tract with  the  petitioner  on  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  by 
which  he  bound  himself  to  sell  and  convey  to  the  petitioner  in 
fee  simple,  a  certain  messuage,  &c.  (describe  property),  with 
the  appertenances,  for  the  consideration  of  five  thousand  dol- 
lars, in  manner  following,  that  is  to  say,  one  thousand  dollars 
at  the  time  of  said  agreement,  and  the  remaining  four  thousand 
dollars  on  the  first  day  of  April  then  next,  when  a  deed  from 
the  said  John  Gre^ir  for  the  same  should  be  delivered  to  the 
petitioner ;  and  it  was  further  agreed  that  the  petitioner  should 
enter  into  possession  of  the  said  messuage,  &c.,  upon  the  pay- 
ment of  the  said  sum  of  one  thousand  dollars :  That  the  peti- 
tioner has  paid  the  said  sum  of  one  thousand  dollars,  and 
entered  into  possession  of  the  said  messuage,  &c.,  in  pursuance 
of  said  contract ;  that  since  paying  said  sum  of  one  thousand 
dollars  and  entering  into  possession  as  aforesaid,  he  has  (state 
what  improvements,  &c.,  or  other  matters  from  which  the  equity 
arises),  and  that  by  reason  of  the  premises  the  said  contract 
has  been  so  far  executed  as  that  it  would  be  against  equity  to 
rescind  the  same. 

The  petitioner  further  represents,  that  since  the  making  of 
the  said  contract,  the  said  John  Gregg  has  become  lunatic,  and 
has  been  so  found  by  an  inquisition  taken  on  the  first  day  of 


LUNATICS   AND   HABITUAL   DRUNKARDS.  509 

March  last,  under  authority  of  this  Court,  being  seised  and  pos- 
sessed of  said  messuage,  without  having  executed  and  delivered 
a  deed  to  the  petitioner  therefor  in  pursuance  of  said  contract ; 
that  Seth  Jones  was  duly  appointed  Committee  of  his  person 
and  estate,  and  that  the  next  of  kin  of  the  said  John  Gregg 
are  his  wife,  Sarah  Gregg,  and  two  children,  James  Gregg  and 
Charles  Gregg,  the  last  of  whom  is  a  minor  and  has  for  his 
guardian  Enoch  Rex : 

The  petitioner  therefore  further  representing  to  the  Court, 
that  he  is  willing,  and  hereby  offers  to  perform  his  part  of  the 
contract,  prays  the  Court  to  direct  due  notice  of  this  petition, 
to  be  given  to  the  said  Seth  Jones  the  Committee  aforesaid,  and 
to  the  said  Sarah  Gregg  the  wife,  and  James  Gregg  and  Charles 
Gregg,  the  children  of  the  said  lunatic,  to  appear  in  Court  on 
a  day  certain  and  answer  this  petition,  and  if  no  sufficient  cause 
be  shown  to  the  contrary,  to  decree  specific  performance  of  said 
contract,  according  to  the  true  intent  and  meaning  thereof. 

And  he  will,  &c. 

Job  Mann. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


45.  Petition  to  Rescind  Contract. 

p.  684,  pi.  47.     1.3  June  1836,  P.  L.  600. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County: 

The  petition  of  Seth  Jones,  Committee  of  John  Gregg,  a 
lunatic,  Respectfully  represents. 

That  the  said  John  Gregg  did  by  agreement  in  writing 
herewith  exhibited,  dated  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  con- 
tract with  Job  Mann,  to  purchase  from  him  a  messuage,  &c. 
(describing  them),  with  the  appertenances,  in  fee  simple,  for 
the  consideration  of  five  thousand  dollars ;  and  in  pursuance 
of  said  contract,  one  thousand  dollars  of  said  consideration 
was  paid  at  the  date  thereof,  and  the  remainder  was  to  be 
paid  on  the  first  day  of  April  then  next,  at  which  time  a 
deed  was  to  be  executed  and  delivered  by  the  said  Job  Mann 


510  LUNATICS    AND    HABITUAL    DRUNKARDS. 

for  the  said  messuage,  &c.,  with  the  appertenances  ;  that  since 
the  making  of  the  said  contract,  the  said  John  Greffof  has  be- 
come  lunatic  and  has  been  so  found  by  an  inquisition  under 
authority  of  this  Court,  without  having  executed  said  contract 
with  the  said  Job  Mann ;  that  the  petitioner  has  been  duly  ap- 
pointed committee  of  the  person  and  estate  of  the  said  John 
Gregor,  and  that  the  next  of  kin  of  the  said  John  Gregor  are 
his  wife  Sarah  Gregg  and  two  children  James  Gregg  and 
Charles  Gregg,  the  last  of  whom  is  a  minor,  and  has  for  his 
guardian  Enoch  Rex : 

The  petitioner  further  represents  (set  out  facts  showing  that 
it  is  advantageous  to  lunatic's  estate  to  rescind) ;  he  therefore 
prays  the  Court  to  direct  due  notice  of  this  petition  to  be  given 
to  the  said  Job  Mann  and  the  said  Sarah  Gregor,  James  Grecror 
and  Charles  Gregg,  to  appear  in  open  Court  on  a  day  certain 
and  answer  this  bill  and  petition,  and,  with  the  assent  of  the 
said  Job  Mann,  if  no  sufficient  cause  be  shown  to  the  contrary, 
to  make  a  decree  for  the  rescinding  the  said  contract,  if  such 
proceeding  shall  not  be  disadvantageous  to  the  estate  of  said 
John  Gregg,  upon  such  terms  as  shall  be  equitable  and  just. 

And  he  will,  &c. 

Seth  Jones. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


In  the  Estate  of   John 
Gregg,  a  lunatic. 


46.  Decree  of  Rescission. 

p.  6S1,  pi.  47.     13  June  1836,  P.  L.  600, 

In  the  Court  of  Common   Pleas 
of  Chester  County. 
>  Upon  the  petition  of  Seth  Jones, 
Committee,  to  rescind  Contract 
J       of  Sale. 
And  now,  May  10, 1860  ;  Proof  having  been  made  of  due  ser- 
vice of  the  notice  heretofore  directed,  on  Job  Mann  the  ven- 
dor, Sarah  Gregg,  James  Gregg  and  Charles  Gregg  the  next  of 
kin  of  said  lunatic,  and  the  said  Job  Mann  having  by  writing 


LUNATICS   AND   HABITUAL   DRUNKARDS.  611 

filed,  assented  to  the  rescinding  of  the  contract  in  said  petition 
mentioned,  the  Court  upon  due  consideration  of  the  case,  being 
of  opinion  that  the  rescinding  of  said  contract  will  not  be  dis- 
advantageous to  the  estate  of  the  said  lunatic,  and  no  cause 
being  shown  to  the  contrary,  do  decree  that  upon  the  repayment 
by  the  said  Job  Mann  to  Seth  Jones,  Committee  aforesaid,  of 
the  sum  of  nine  hundred  dollars  (or  as  the  terms  may  be),  part 
of  the  aforesaid  sum  of  one  thousand  dollars,  paid  to  the  said 
Job  Mann  in  pursuance  of  said  contract,  within  thirty  days 
from  the  date  of  this  decree,  that  the  contract  aforesaid  be  re- 
scinded. 


47.  Petition  to  Discharge  Lunatic  from  Arrest. 

p.  685,  pi.  50.     13  June  1836,  P.  L.  601. 

„r  -N     In  the  Court  of  Common  Pleas  of  Chester 

James  Wills    )         ^ 

\         County. 

Gre  1  ^^  ^^""^  ^®^™'  ■^^^^'     ^'''  ^^' 

^  Capias  Trespass,  Bail  ^1000. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  aforesaid  : 

The  petition  of  James  Gregg,  Respectfully  represents, 

That  the  said  John  Gregg  is  the  father  of  the  petitioner  (or 
as  the  case  may  be),  and  was  this  day  arrested  and  is  now  held 
in  custody  of  the  Sheriff  of  said  county,  by  virtue  of  a  writ  of 
Capias  ad  Respondendum^  issued  in  the  above  case;  that  the 
said  John  Gregg  was  on  the  tenth  day  of  March  last,  by  an 
inquisition  under  the  authority  of  this  Court,  found  to  be  a 
lunatic,  as  by  a  certified  copy  of  the  proceedings  upon  such 
inquisition  herewith  produced  will  appear  : 

The  petitioner  therefore  prays  the  Court  to  discharge  the  said 
John  Gregg  from  arrest  and  imprisonment  aforesaid  without 
bail. 

And  he  will,  &c. 

James  Gregg. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


512  LUNATICS    AND    HABITUAL    DRUNKARDS. 

48.  Affidavit  of  Plaintiff  to  prevent  Discharge  of  Lunatic. 

p.  685,  pi.  50,  51.     13  June  1836,  P.  L.  601. 

T  TTT  -.   In    the   Court  of  Common  Pleas  of  Chester 

James  wills  ^ 

f       County. 

J         p'  (Of  May  Term,  1860.     No.  10. 

JOHN  i^REGG.  J  ^^^^.^^  Trespass,  Bail  $1000. 

Chester  county,  ss. 

James  Wills  being  duly  sworn  says,  that  he  verily  believes 
that  the  inquisition  by  which  the  said  John  Gregg  the  above 
defendant  was  found  a  lunatic,  was  unduly  and  untruly  found 
(or  "  that  the  said  John  Gregg  the  defendant,  has  been  restored 
to  a  sound  state  of  mind"). 

Sworn  and  subscribed,  May  1,  ^  James  Wills. 

A.  D.  1860,  before  V 

John  Graves,  J.  P.       ) 


49.  Jailor  s  notice  to  Justice  on  Arrest  of  Insane  Person. 

p.  685,  pi.  52.     13  June  1836,  P.  L.  601. 

>.    In  the  Court  of  Common  Pleas  of  the  City 

JaxMes  Wills  j  n      ^      f  t>i -i   i  i  i,- 

I       and  County  ot  rhiladelphia. 

^'  I  Of  May  Term,  1860.     No.  10. 

John  Gregg,   j  ^     .     rn 

Capias  Irespass. 

To  John  Graves  and  John  Newlin,  Esquires,  Justices  of  the 
Peace  of  said  county :  You  are  hereby  notified  that  the  above- 
named  defendant  John  Gregg,  was  arrested  by  virtue  of  a 
writ  of  Capias  ad  Respondendum,  issued  in  the  above  case,  is 
now  in  prison  in  the  jail  of  said  county,  and  appears  to  be  of 
unsound  mind  ;  you  are  therefore  required  to  attend  at  said 
prison  and  inquire  into  the  state  of  the  mind  of  said  John  Gregg. 

John  Haines, 

May  1,  1860.  Keeper. 


LUNATICS    AND    HABITUAL   DRUNKARDS.  513 

60.  Finding  of  Justices  on  Imprisonment  of  Insane 
Defendant. 

p.  685,  pi.  6.1     13  June  1836,  P.  L.  602. 

^  „^  ^  In  the  Court  of  Common  Pleas  of  the  County 

James  WILLS     |     ^f  Chester. 

,         !;  (Of  May  Term,  1860.     No.  10. 

John  Gregg.      I  ^     .     m 

-^  Capias  Irespass. 

To  James  Davis,  Prothonotary  of  the  said  Court :  The  un- 
dersigned, two  of  the  Justices  of  the  Peace  of  said  county,  Do 
certify,  that  in  pursuance  of  a  notice  from  John  Haines,  keeper 
of  the  Chester  County  prison,  having  attended  at  said  prison  on 
the  second  day  of  the  present  month  of  May,  to  inquire  into  the 
state  of  the  mind  of  John  Gregg  the  above  defendant ;  and  by  our 
own  view  and  by  examination,  by  the  oaths  and  affirmations  of 
such  persons  as  we  thought  fit  to  examine,  we  inquired  into  the 
state  of  the  mind  of  the  said  John  Gregg,  and  it  then  and  there 
appeared  to  us  that  the  said  John  Gregg  is  of  unsound  mind,  and 
unfit  to  apply  for  the  benefit  of  the  act  for  the  relief  of  insolvent 
debtors. 

Witness  our  hands  and  seals,  the  third  day  of  May,  A.  D. 
one  thousand  eight  hundred  and  sixty. 

John  Graves,  [l.  s.] 
John  Newlin.  [l.  s.] 


51.   Order  of  Court  for  Appearance  for  Insane  Defendant. 

p.  685,  pi.  56.     13  June  1836,  P.  L.  602. 

In  the  Court  of  Common  Pleas  of  Chester 


James  Wills 

f       County. 

JoH«GRE«a.j  Of  May  Term,  I860.    No.  10. 

■^  Capias  Trespass. 
And  now.  May  5,  1860,  the  Court  here  being  given  to  under- 
stand, that  the  said  John  Gregg,  being  in  custody  under  the  writ 
issued  in  the  above  case,  is  of  unsound  mind,  do  appoint  James 
Gregg,  a  son  of  the  said  John  Gregg,  to  appear  and  act  for  him 
33 


514  LUNATICS   AND    HABITUAL   DRUNKARDS. 

in  said  action,  and  do  order  that  the  appearance  of  said  James 
Gregg  to  said  action  be  forthwith  entered  of  record. 


52.   Order  of  Discharge  of  Insane  Defendant. 

p.  685,  pi.  65,     13  June  1S36,  P.  L.  602. 

In  the  Court  of  Common  Pleas  of  Chester 


James  Wills   , 

(       County. 

John  Gregg    I  ^^  ^^^^  ^®^™'  '^^^^'    ^^-  ^^• 
Capias  Trespass. 

And  now,  May  fifteenth,  A.  D.  1860,  It  appearing  to  the 
Court,  that  the  notice  heretofore  directed  in  this  case  has  been 
published  and  given  to  James  Wills,  the  plaintiff,  according  to 
the  order  of  the  Court,  and'  the  Court  having  proceeded  to 
ascertain  the  state  of  the  mind  of  the  said  John  Gregg,  and 
being  satisfied  that  he  is  of  unsound  mind, — it  is  ordered  that 
the  said  John  Gregg  be  discharged  from  confinement  under  the 
writ  in  the  above  case. 


53.    Order  to  deliver  Insane  Defendant  to  Lunatic  Asylum. 

P.  676,  pi.  7.     p.  685,  pi.  55.     P.  686,  pi.  62.      14  April  1845.  P.  L.  441.     13  June 
1836,  P.  L.  603.     31  March  1860,  P.  L.  445. 

T  _-  ^  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills   )      ^ 

f       County. 

^'  (  Of  May  Term,  1860.     No.  10, 

John  Gregg.    I  ^     .     m 

-^  Capias  irespass. 

And  now.  May  fifteenth,  a.  d.  1860,  It  appearing  to  the 
Court,  that  the  notice  heretofore  directed  in  this  case  has  been 
published  and  given  to  James  Wills,  the  plaintiff,  according  to 
the  order  of  the  Court ; — and  the  Court  having  proceeded  to  as- 
certain the  state  of  the  mind  of  the  said  John  Gregg,  and  being 
satisfied  that  he  is  of  unsound  mind :  and  it  further  appearing 
to  the  Court,  that  the  said  John  Gregg  is  not  in  a  fit  condition 


LUNATICS   AND    HABITUAL    DRUNKARDS.  515 

of  mind  to  be  set  at  large,  it  is  ordered  that  the  said  John  Gregg 
be  committed  to  the  Pennsylvania  State  Lunatic  Hospital,  to  be 
kept  in  strict  custody,  at  the  expense  of  said  County  of  Ches- 
ter,— he  being  in  indigent  circumstances — so  long  as  he  shall 
continue  to  be  of  insane  mind  (or  "  be  delivered  to  his  kindred 
and  friends,"  as  the  case  may  be). 


54.   Order  Appointing  Assignees  on  Discharge  of  Insane 
Defendant. 

P.  685,  pi.  57.     13  June  1836,  P.  L.  60.3. 

T  „r         \  ^^  t^e  Court  of  Common   Pleas  of   Chester 

James  Wills  |      ^ 

^*  (  Of  August  Term,  1860.     No.  2. 

John  G^^^^^^- J  e^.  ^,:  Debt  $500. 

And  now,  August  10,  1860,  It  appearing  to  the  Court  that 
the  notice  heretofore  directed  in  this  case  has  been  published 
and  given  to  James  Wills,  the  plaintiff,  according  to  the  order  of 
the  Court,  and  the  Court  having  proceeded  to  ascertain  the 
state  of  the  mind  of  the  said  John  Gregg,  the  defendant,  and 
being  satisfied  that  he  is  of  unsound  mind,  it  is  ordered  that  the 
said  John  Gregg  be  discharged  from  confinement  under  the  writ 
in  above  case ;  and  the  Court  appoints  Seth  Jones  and  Abel  Lea 
to  act  as  assignees  of  the  estate  and  effects  of  the  said  John 
Gregg,  with  the  same  effect,  to  all  intents  and  purposes,  as  if  the 
said  Seth  Jones  and  Abel  Lea  had  been  named  and  appointed 
assignees  in  an  assignment  made  by  the  said  John  Gregg,  being 
of  sound  mind,  under  the  laws  relating  to  insolvent  debtors. 


516  LUNATICS    A^'D    HABITUAL    DRUNKARDS. 


55.   Order  authorizing  Arrest  of  Defendant  on  becoming  of 
Sound  3find. 


James  Wills  ^ 


p.  6S5,  pi.  57.     13  June  1S36,  P.  L.  603. 

In    the  Court    of  Common  Pleas  of  Chester 
County. 


^"  r  Of  May  Term,  1860.     No.  10. 

John  Gregg.    )  ^     ■     m 

■^   Capias  Irespass. 

And  now,  December  10,  1860,  Due  proof  having  been  made 

to  the  Court,  that  since  the  order  of  discharge  of  the  said  John 

Gregg,  heretofore  made  in  this  case,  he  has  become  of  sound 

mind ;  it  is  ordered  that  the  said  John  Gregg  may  be  arrested 

and  imprisoned  in  the  above  suit. 


5Q.  Petition  of  Bail  of  Lunatic  for  Discharge. 

p.  6S5,  pi.  60.     13  June  1836,  P.  L.  603. 

T  ,^.  ^  In  the  Court  of  Common  Pleas   of  Chester 

James  uills   )      ^ 

f       County. 

^  I  Of  May  Term,  1860.     No.  10. 

John  Gregg.  )  ,^     .^^ 

■^  Capias  Irespass. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
aforesaid : 

The  petition  of  Enoch  Rex,  Respectfully  represents, 
That  the  petitioner  is  the  special  bail  for  the  said  John  Gregg, 
in  the  above-stated  action,  and  that  the  said  John  Gregg  at  the 
time  of  his  arrest,  viz.,  on  the  first  day  of  April  last,  had  been 
(or — subsequently  to  the  time  of  his  arrest,  viz.,  on  the  first  day 
of  April  last,  has  been)  found  by  an  inquisition,  under  the  au- 
thority of  this  Court,  to  be  a  lunatic  ;  that  in  consequence  of  such 
lunacy  the  said  John  Gregg  could  not  be  surrendered  to  the  pi-ison 
■without  prejudice  to  his  health  and  safety.  The  petitioner  there- 
fore, showing  that  he  has  not  become  absolutely  liable  as  special 
bail  aforesaid,  prays  the  Court,  after  due  notice  to  the  said 
James  Wills,  to  hear  and  decide  the  question  and  if,  upon  hear- 


LUNATICS    AND    HABITUAL    DRUNKARDS.  517 

ing,  the  Court  shall  be  satisfied  of  the  truth  of  the  facts  herein 
stated,  to  order  an  exoneretur  to  be  entered  upon  the  bail-piece 
in  this  case. 

And  he  will,  &c. 

Enoch  Rex. 
(Affidavit  of  truth  of  petition  to  be  appended. 


57.   Order  to  enter  Exoneretur  on  Bail-piece  of  Lunatic. 

p.  6S5,  pi.  60.     13  June  1836,  P.  L.  603. 

In  the    Court  of  Common  Pleas  of  Chester 

WILLS     j 

V. 


James  Wills   , 

f       County 


John  GaEOa.      «/  M^^^J-"'  l^CO-     No.  10. 
^   (Japias  Trespass. 

And  now,  May  10,  1860,  It  appearing  to  the  Court  that 
due  notice  has  been  given  to  James  Wills,  the  above  plaintiff,  of 
the  hearing  of  the  application  of  Enoch  Rex,  for  the  entry  of 
an  exoneretur  on  the  bail-piece  in  this  case,  and  the  Court  being 
satisfied  that  the  facts  stated  in  the  said  application  are  true, 
and  that  the  said  John  Gregg  could  not  be  surrendered  to  prison 
without  prejudice  to  his  health  and  safety,  and  it  further  ap- 
pearing that  the  said  Enoch  Rex  has  not  become  absolutely 
liable  on  special  bail  aforesaid  : — do  order  an  exoneretur  to  be 
entered  on  the  bail-piece  in  this  case. 


58.  Bond  of  Friends  of  Lunatic  Criminal. 

p.  686,  pi.  65.     31  March  18f;0,  P.  L.  445. 

Know  all  men  by  these  presents,  that  we,  James  Gregg,  son 
of  John  Gregg,  hereafter  mentioned,  Seth  Jones  and  Abel  Lea, 
all  of  the  County  of  Chester,  are  held  and  firmly  bound  to  the 
Commonwealth  of  Pennsylvania,  in  the  sum  of  one  thousand 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  Commonwealth,  her  certain  attorney  or  assigns,  to  which 
payment  well  and  truly  to  be  made,  we  bind  ourselves,  jointly 
and  severally,  our  heirs,  executors  and  administrators,  firmly 


518  LUNATICS    AND    HABITUAL   DRUNKARDS. 

by  these  presents :  Sealed  witli  our  seals,  dated  the  first  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty. 

Whereas  the  said  John  Gregg  was  this  day  tried  in  the 
Court  of  Quarter  Sessions  of  said  county,  on  a  charge  of  as- 
sault and  battery  upon  one  Enoch  Rex,  and  was  acquitted  by 
the  jury  trying  said  charge,  and  said  jury  found  specially  that 
the  said  John  Gregg  was  acquitted  upon  the  ground  of  insanity 
at  the  time  of  the  commission  of  said  offence :  and  the  Court 
has  made  an  order  for  the  enlargement  of  said  John  Gregg,  and 
his  delivery  to  his  kindred  and  friends  upon  security  being  en- 
tered by  such  kindred  and  friends,  with  condition  according  to 
law. 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  shall  be  restrained  by  seclusion  or  otherwise,  from 
the  commission  of  any  oifence,  then  this  obligation  to  be  void, 
or  else  to  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the  ^  James  Gregg,  [l.  s.] 


presence  of 

James  Davis, 
William  Marshall. 


Seth  Jones,     [l.  s.] 
Abel  Lea.        [l.  s.] 


69.  Petition  for  Supersedeas  of  Committee,  ^c. 

p.  686,  pi.  67.     13  June  1836,  P.  L.  605. 


The  Commonweath  of 
Pennsylvania,  ex  re- 
latione James  Wills, 

V. 

John  Gregg. 


In  the  Court  of  Common  Pleas  of 

Chester  County. 
Of  May  Term,  1860.     No.  10. 
Commission  in  the  nature  of  a  writ 
de  lunatico  inquirendo. 
To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg,  Respectfully  represents, 
That  the  inquisition,  by  virtue  of  the  above  commission,  held 
on  the  twelfth  day  of  March  last,  found  the  petitioner  to  be  a 
lunatic,  and  that  Seth  Jones  was  on  the  confirmation  of  said  in- 
quisition, viz.,  on  the  first  day  of  May  then  next,  appointed 


LUNATICS    AND    HABITUAL    DRUNKARDS.  619 

Committee  of  his  person  and  estate.  The  petitioner  further 
represents,  that  he  is  restored  to  a  sound  state  of  mind :  He 
therefore  prays  the  Court  to  take  proof  of  the  facts,  and  if  the 
Court  shall  be  satisfied  of  the  truth  of  the  allegations  herein, 
to  make  an  order  that  the  commission  issued  in  this  case  and 
the  inquisition  taken  thereon,  and  the  appointment  of  the  com- 
mittee and  all  proceedings  relating  thereto,  be  suspended  ("  or 
altogether  superseded  and  determined"). 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


60.    Order  to  Supersede. 

p.  68fi,  pi.  67.     13  June  1836,  P.  L.  605. 

The  Commonwealth  of  ^  In  the  Court  of  Common  Pleas  of 
Pennsylvania,  ex  re-         Chester  County. 
latione  James  Wills,  I  Of  May  Term,  1860.     No.  10. 

V.  Commission  in  the  nature  of  a  writ 

John  Gregg.  de  lunatico  inquirendo. 

Upon  the  petition  of  said  John  Gregg  for  a  Supersedeas. 

And  now,  December  10, 1860,  The  Court  having  taken  proofs 
of  the  facts,  and  being  satisfied  that  the  allegations  in  said  pe- 
tition are  true,  that  the  said  John  Gregg  is  restored  to  a  sound 
state  of  mind,  do  order  that  the  commission  issued  in  this  case 
and  the  inquisition  taken  thereon,  and  the  appointment  of  com- 
mittee and  all  proceedings  relating  thereto,  be  altogether  super- 
seded and  determined  (or  "be  suspended  until  the  further  order 
of  the  Court,"  as  the  case  may  be). 


61.  Application  to  dismiss  Committee  of  Lunatic. 

p.  307,  pi.  211.     1  May  1861,  P.  L.  630.     P.  682,  pi.  22.     13  June  1836,  P.  L.  596. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 


520  LUNATICS    AND    HABITUAL    DRUNKARDS. 

The  petition  of  James  Gregg,  respectfully  Represents, 

That  heretofore,  to  wit,  on  the  first  day  of  July,  A.  d.  one 
thousand  eight  hundred  and  sixty,  such  proceedings  were  had 
in  the  said  court,  that  John  Gregg  of  the  same  county  was 
found  to  be  a  lunatic,  &c.,  and  Seth  Lea  and  Abel  Jones  were 
appointed  the  Committee  of  his  person  and  estate,  and  under- 
took the  said  trust ;  that  the  said  Seth  Lea  and  Abel  Jones, 
committee  aforesaid,  have  for  more  than  forty  days  since  they 
undertook  the  said  trust,  neglected  to  exhibit  a  true  and  perfect 
inventory  of  the  estate  and  property  of  the  lunatic,  which  have 
come  to  their  hands  and  knowledge  according  to  law  (or  as  the 
case  may  be).  The  petitioner  further  showing  that  he  is  a  son  of 
the  said  John  Gregg  and  a  person  interested,  prays  the  Court 
to  issue  a  citation  to  the  said  Seth  Lea  and  Abel  Jones  to  ap- 
pear on  a  day  to  be  named  by  the  court  to  answer  the  said 
charge  and  make  such  necessary  rules  and  orders  for  bringing 
said  matter  to  a  hearing  as  the  court  may  deem  right ;  and  if 
upon  the  hearing  the  court  shall  be  satisfied  of  the  truth  of  the 
matters  herein  charged,  that  they  will  vacate  the  appointment 
of  the  said  Seth  Lea  and  Abel  Jones  as  committee  aforesaid, 
remove  them  and  appoint  suitable  persons  as  committee  afore- 
said. 

And  he  will,  &c. 

October  1,  1860.  James  Gregg. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 

l^^  Draw  a  decree  as  in  decree  for  discharging  guardian 
mutatis  mutandis. 


62.  Petition  in  case  of  Lunatic  Married  Woman. 

p.  6S7,  pi.  71.     28  October  1851,  P.  L.  725. 

To   the   Honorable,   the   Judges  of  the  Court   of  Common 
Pleas  of  Chester  County  : 


LUNATICS    AND    HABITUAL    DRUNKARDS.  521 

The  petition  of 'John  Gregg,  Respectfully  represents, 
That  Sarah  Gregg,  the  wife  of  the  petitioner,  has  become  in- 
sane, and  has  been  so,  for  the  space  of  six  months  past  and  up- 
wards, as  by  the  affidavits  hereto  annexed  will  appear :  The 
petitioner  therefore  prays  the  Court  to  select  and  appoint  three 
discreet  and  intelligent  persons,  one  of  whom  shall  be  a  prac- 
tising physician,  to  make  an  examination  of  the  said  alleged  in- 
sanity, and  on  report  of  the  facts  thereof,  to  take  such  order 
in  the  premises  as  is  directed  by  the  Act  of  Assembly  in  such 
case  made  and  provided. 

And  he  will,  &c. 

John  Gregg. 
(Affidavits  of  truth  of  petition  and  of  facts  manifesting  in- 
sanity, to  be  appended.) 


63.  Lunatic  Married  Woman, — Order  to  Examine. 

p.  687,  pi.  7L     28  October  1851,  P.  L.  725. 

Chester  county,  ss. 

At  a  Court  of  Common  Pleas,  held  and  kept  at 
[Seal.]  West  Chester  for  the  County  of  Chester,  on  the 
first  day  of  April,  A.  D.  one  thousand  eight  hun- 
dred and  sixty,  before  the  Honorable  Townsend  Haines,  Presi- 
dent, and  his  Associates,  Judges  of  said  Court.  Upon  the 
petition  of  John  Gregg  of  said  county,  setting  forth  that  Sarah 
Gregg,  the  wife  of  the  petitioner,  had  become  insane,  and  pray- 
ing the  Court  to  select  and  appoint  three  discreet,  intelligent 
persons,  one  of  whom  shall  be  a  practising  physician,  to  make 
an  examination  into  the  alleged  insanity  of  the  said  Sarah 
Gregg :  The  Court,  on  due  consideration,  select  and  appoint 
Jacob  Price,  M.  D.,  Job  Mann  and  Abel  Lea,  to  make  an  ex- 
amination, personal  or  otherwise,  of  such  alleged  insanity,  and 
report  the  facts  to  the  Court.  And  the  Court  direct  the  said 
examination  be  made  upon  ten  days'  notice  of  the   time  and 


522  LUNATICS    AND    HABITUAL    DRUNKARDS. 

place  thereof,  to  James  Wills,  the  brother  of  the  said  Sarah 
Gregg. 

Bj  the  Court. 

James  Davis, 
Prothonotary. 


64.  Lunatic  3Iarried  Woman, — Report  of  Examiners. 

p.  687,  pi.  71.     28  October  1851,  P.  L.  725. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  undersigned,  appointed  by  the  annexed  order  of  the 
Court  for  the  purposes  therein  mentioned,  Report,  that  having 
been  first  duly  sworn,  and  after  due  notice  to  James  Wills,  the 
brother  of  the  said  Sarah  Gregg,  as  directed  by  the  Court,  we 
did,  on  the  twentieth  day  of  April  instant,  at  the  house  of 
the  said  John  Gregg,  make  an  examination  personal  and  by 
the  testimony  of  witnesses,  of  the  alleged  insanity  of  the  said 
Sarah  Gregg  and  report  the  facts  as  follows,  viz.  (set  out  the 
facts) ;  we  are  therefore  of  opinion  that  the  said  Sarah  Gregg  is 
insane. 

All  which  is  respectfully  submitted. 

Jacob  Price, 
Job  Mann, 

April  21,  1860.  Abel  Lea. 


65.  Lunatic  Married  Woman, —  Order  of  Court. 

p.  687,  pi.  71.     28  October  1S71,  P.  L.  725. 

In  the  Court  of   Common   Pleas 

of  Chester  County. 

►  On  the  Application  of  said  John 

Gregg,  for  an  Examination  of 

the  alleged  insanity  of  his  Wife. 

And  now,  May  1,  1860,  Jacob  Price,  M.  D.,  Job  Mann  and 


In  the  Matter  of  Sarah 
Gregg,  a  lunatic.  Wife 
of  John  Gregg. 


MANDAMUS.  523 

Abel  Lea,  heretofore  appointed  to  examine  into  the  alleged  in- 
sanity of  Sarah  Gregg,  having  represented  to  the  Court  the 
facts  of  the  case,  and  the  Court  being  fully  satisfied  that  the 
said  Sarah  Gregg  is  insane  and  having  approved  said  report ; — 
it  is  ordered  that  said  report  be  filed  of  record  in  said  Court, 
and  that  the  said  John  Gregg,  upon  giving  good  and  sufficient 
security  to  the  Commonwealth,  by  bond  in  the  sum  of  five  thou- 
sand dollars,  with  Enoch  Rex  and  Job  Mann  as  his  sureties, 
who  are  approved  by  the  Court,  conditioned  for  the  faithful  per- 
formance of  his  trust,  shall  have  power  to  transact  all  business 
relating  to  the  management  and  disposition  of  the  estate,  real 
and  personal,  of  himself  or  of  the  said  Sarah  Gregg,  in  as  full 
and  ample  a  manner  as  he  might  or  could  do,  if  the  said  Sarah 
Gregg  were  sane  and  gave  her  full  consent  thereto. 


MANDAMUS. 


1.  Petition. 

p.  688,  pi.  1,  <fcc.     U  June  1836,  P.  L.  626. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  James  Wills,  Respectfully  represents, 
That  in  pursuance  of  the  Act  of  Assembly  in  such  case  made 
and  provided,  viewers  appointed  by  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  said  County  of  Chester,  reported  at  the 
May  Sessions,  A.  D.  1859,  of  said  Court,  that  a  bridge  was 
necessary  over  Elk  Creek,  where  the  same  crosses  the  public  road 
leading  from  Jones'  Mill  to  Rea's  Store,  in  the  Township  of 
Penn  in  said  County  ;  and  that  the  erecting  of  said  bridge  would 
require  more  expense  than  it  is  reasonable  that  the  said  town- 
ship should  bear ;  and  on  said  report,  it  appearing  to  the  said 
Court  of  Quarter  Sessions,  the  Grand  Jury  and  the  Commis- 
sioners of  said  county,  that  such  bridge  was  necessary,  and 
would  be  too  expensive  for  said  Township  of  Penn  to  bear,  the 
same  was,  at  the  next  August  Sessions  of  the  said  Court,  entered 


524:  MANDAMUS. 

of  record  as  a  county  bridge  ;  that  John  Gregg,  Seth  Jones  and 
Abel  Lea,  being  the  Commissioners  of  said  county,  did  there- 
upon procure  an  estimate  of  the  cost  thereof,  and  on  the  first 
day  of  November  then  next,  entered  into  a  contract  with  the 
petitioner  for  the  erection  of  the  same,  for  the  sum  of  one  thou- 
sand dollars,  to  be  paid  on  the  approval  -thereof  by  the  said 
Court,  and  that  the  petitioner  erected  and  fully  completed  the 
same  in  conformity  with  said  contract ;  that  after  such  erection 
and  completion,  upon  the  report  of  viewers  duly  appointed  by 
the  said  Court  of  Quarter  Sessions  to  inspect  the  same,  the 
Court,  by  decree  made  on  the  first  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty,  approved  said 
bridge,  the  same  having  been  erected  under  the  contract  with 
the  Commissioners  aforesaid,  which  decree  has  not  been  set 
aside,  reversed  or  in  any  manner  annulled,  but  remains  in  full 
force.  The  petitioner  further  represents,  that  the  said  sum  of 
one  thousand  dollars,  which  was  to  be  paid  to  him  under  said 
contract  for  the  erection  of  said  bridge,  is  still  due  and  wholly 
unpaid,  and  although  it  was  the  duty  by  law  of  the  said  John 
Gregg,  Seth  Jones  and  Abel  Lea,  as  Commissioners  aforesaid, 
to  provide  in  the  county  levies,  the  moneys  necessary  to  defray 
the  cost  of  said  bridge,  and  the  petitioner  demanded  of  the  said 
Commissioners  that  they  should  provide  for  the  cost  of  said 
bridge,  and  pay  him  the  said  sum  of  one  thousand  dollars  due 
him  as  aforesaid,  yet  the  said  Commissioners  have,  in  violation 
of  their  said  duty,  neglected  and  refused  to  provide  in  the 
county  levies  for  the  same,  and  to  pay  him  the  said  sum  of  one 
thousand  dollai's ;  that  by  reason  of  the  premises  and  said 
refusal,  the  petitioner  has  sufi'ered  damages  and  has  no  specific 
legal  remedy  therefor. 

He  therefore  prays  the  Court  to  issue  a  3Iandamus  to  the 
said  John  Gregg,  Seth  Jones  and  Abel  Lea,  Commissioners 
aforesaid,  commanding  them  to  provide  in  the  county  levies, 
the  money  necessary  to  defray  the  costs  of  the  erection  of  said 
bridge. 

And  he  will,  &c. 

James  Wills. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


MANDAMUS.  525 

2.    Wi'it  of  Alternative  3Iandamus. 

p.  688,  pi.  1,  &c.     14  June  1836,  P.  L.  626. 

Chester  county,  ss. 

r-Q     ,  -|        The    Commonwealth  of  Pennsylvania,  to    John 
Gregg,  Seth  Jones  and  Abel  Lea; — Greeting: 
Whereas,  it  has  been  lately  represented  to  us  in  our  Court 
of  Common  Pleas,  held  and  kept  at  West  Chester  for  the  said 
County  of  Chester,  before  our  Judges  thereof,  on  the  part  and 
behalf  of  James  Wills,  that  in  pursuance  of  the  provisions  of 
an  Act  of  Assembly  in  such  case  made  and  provided,  viewers 
appointed  by  the  Court  of  Quarter  Sessions  of  the  peace  of  the 
said  County  of  Chester,  reported  at  the  May  Sessions,  a.  d. 
1859,  of  said  Court,  that    a  bridge  was   necessary  over  Elk 
creek,  where  the  same  crosses  the  public  road   leading  from 
Jones'  Mill  to  Rea's  store,  in  the  Township  of  Penn  in  said 
county,   that  the  erecting  of  said  bridge  would  require  more 
expense  than  it  is  reasonable  that  the  said  township  should  bear, 
and  that  on  said  report,  it  appearing  to  the  said  Court  of  Quarter 
Sessions,  the  grand  jury  and  the  Commissioners  of  said  county, 
that  such  bridge  was  necessary,  and  the  erection  thereof  would 
require  more  expense  than  it  is  reasonable  that  the  said  town- 
ship should  bear,  the  same  was  at  the  next  August  Sessions  of  said 
Court  entered  of  record  as  a  county  bridge ;  that  John  Gregg, 
Seth    Jones  and  Abel    Lea,  being  the  commissioners  of  said 
county,  did  thereupon  procure  an  estimate  of  the  cost  thereof, 
and  on    the  first   day  of  November    then  next,  entered   into 
a  contract  with  the  said  James  Wills  for  the  erection  of  the 
same,  for  the  sum  of  one  thousand  dollars,  to  be  paid  on  the 
approval  thereof  by  the  said  Court,  and  that  the  said  James 
Wills  erected    and  fully  completed   the  same  in  all   respects, 
in   conformity  with  said  contract,  and   afterwards   upon  the 
report  of  viewers,  duly  appointed  by  the  said  Court  of  Quar- 
ter Sessions  to  inspect  said  bridge,  the  Court  by  decree,  made 
on    the    first    day    of  April,    in    the   year   of  our   Lord    one 
thousand  eight  hundred  and  sixty,  approved  said  bridge,  the 
same  having  been  erected  under  said  contract  with  the  Com- 


626  MANDAMUS. 

missioners  aforesaid :  which  decree  has  not  been  set  aside,  re- 
versed, or  in  any  manner  annulled,  but  remains  in  full  force ; 
and  whereas  it  has  further  been  represented  to  us,  that  the 
said  sum  of  one  thousand  dollars,  which  was  to  be  paid  to  the 
said  James  Wills,  under  the  said  contract  for  the  erection  of 
said  bridge,  is  still  due  and  wholly  unpaid,  and  although  it  was 
the  duty  by  law  of  the  said  John  Gregg,  Seth  Jones  and  Abel 
Lea,  as  Commissioners  aforesaid,  to  provide  in  the  county 
levies  the  moneys  necessary  to  defray  the  cost  of  said  bridge, 
and  the  said  James  Wills  demanded  of  the  said  Commissioners 
that  they  should  provide  for  the  same,  and  pay  him  the  said 
sum  of  one  thousand  dollars  due  him  as  aforesaid,  yet  the  said 
Commissioners  have  in  violation  of  their  said  duty,  neglected 
and  refused  to  provide  in  the  county  levies  for  the  same,  and 
pay  him  the  said  sum  of  one  thousand  dollars :  and  by  reason 
of  the  premises  and  said  refusal,  the  said  James  Wills  has  suf- 
fered damage  and  has  no  specific  legal  remedy  therefor:  We, 
therefore,  being  willing  that  due  and  speedy  justice  should  be 
done  in  this  behalf,  do  command  you,  the  said  John  Gregg, 
Seth  Jones  and  Abel  Lea,  Commissioners  aforesaid,  firmly  en- 
joining, that  forthwith  you  provide  in  the  county  levies,  the 
moneys  necessary  to  defray  the  cost  of  said  bridge,  as  in  the 
Act  of  Assembly  in  such  case  made  and  provided,  you  are  re- 
quired to  do  :  And  that  all  and  singular  the  matters  for  the 
speedy  performance  of  the  foregoing,  according  to  the  exigency 
of  the  law,  you  shall  do  and  execute  immediately,  or  in  default 
thereof,  that  you  make  known  to  us,  in  our  said  Court  of  Com- 
mon Pleas,  before  the  Judges  thereof  at  West  Chester,  on  the 
last  Monday  of  July  next,  why  you  have  not  done  the  same. 

Witness  the  Honorable  Townsend  Haines,  President  Judge 
of  said  Court,  at  West  Chester  aforesaid,  the  tenth  day  of  May, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

James  Davis, 
Prothonotary. 


MANDAMUS. 


527 


3.  Return  of  Defendants. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  July  Term,  1860.     No.  2. 
Mandamus. 


p.  688,  pi.  1,  Ac.     14  June  1836,  P.  L.  626, 

The  Commonwealth  of  Penn- 
sylvania, ex  relatione  James 
Wills,' 

V. 

John  Gregg,  Seth  Jones  and 

Abel  Lea. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  aforesaid : 

John  Gregg,  Seth  Jones  and  Abel  Lea,  the  above  defendants, 
to  the  writ  of  Mandamus  issued  in  the  above  case,  and  served 
on  them, 

Respectfully  return : 

First,  That  (set  out  the  matter  returned). 

Second,  That  (&c.,  &c.). 

They  therefore  pray  judgment  against  the  said  James  "Wills, 
and  that  they  may  recover  their  costs  in  this  behalf  expended. 

John  Gregg, 
Seth  Jones, 
Abel  Lea. 

(Affidavit  of  truth  of  return  to  be  appended.) 


4.  Demurrer. 

P.  688,  pL  4.     14  June  1836,  P.  L.  626. 

The  Commonwealth  of  Penn-  ' 
SYLVANIA,  ex  relatione  James 
Wills, 

V.  } 

John  Gregg,  Seth  Jones  and 

Abel  Lea,  Commissioners  of 

the  County  of  Chester. 

And  now,  August  10,  1860,  comes  David  Bond,  the  attorney 
of  the  Commonwealth  in  this  behalf,  and  having  heard  the  said 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  July  Term,  1860.  No.  2. 
Mandamus. 


52S  MANDAMUS. 

return  of  tlie  said  Jolin  Gregg,  Seth  Jones  and  Abel  Lea,  says, 
that  the  said  return  and  the  matters  therein  contained  in  man- 
ner and  form  as  they  are  therein  set  forth,  are  not  sufficient  in 
law,  and  tliat  the  Commonwealth  is  not  bound  by  the  law  of  the 
land  to  answer  the  same,  and  this  the  Commonwealth  is  ready 
to  verify ;  wherefore,  for  want  of  a  sufficient  return  in  this  be- 
half, the  Commonwealth  prays  judgment  and  that  a  peremptory 
Mandamus  may  issue,  commanding  the  said  John  Gregg,  Seth 
Jones  and  Abel  Lea,  Commissioners  aforesaid,  to  provide  in  the 
county  levies  for  the  cost  of  said  bridge  in  the  said  writ  and 
return  mentioned;  (If  the  demurrer  be  special,  add)  and  the 
Commonwealth  according  to  the  form  of  the  statute  in  such 
case  made  and  provided,  sets  down  and  shows  to  the  Court  here 
the  following  causes  of  demurrer  to  said  return ;  That  is  to 
say,  for  that,  (fee,  &c.  (set  out  the  causes). 

David  Bond, 

For  Commonwealth. 


6.  Joinder  in  Demurrer. 

p.  688,  pi.  4,  5.     14  June  1830,  P.  L.  626,  627. 

The  Commonwealth  of  Penn- 
sylvania, ex  relatione  James 
Wills, 

V. 

John  Gregg,  Seth  Jones  and 
Abel  Lea,  Commissioners  of 
the  County  of  Chester. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  July  Term,  1860.     No.  2. 
Mandamus. 


And  the  said  John  Gregg,  Seth  Jones  and  Abel  Lea  say 
that  their  said  return  and  the  matters  therein  contained,  in  the 
manner  and  form  as  the  same  are  therein  set  forth,  are  sufficient 
in  law,  and  this  the  said  John  Gregg,  Seth  Jones  and  Abel  Lea, 
are  ready  to  verify  and  prove,  as  the  Court  shall  award.  Where- 
fore, inasmuch  as  the  Commonwealth  has  not  hitherto  answered 
or  denied  the  said  return,  nor  in  any  manner  replied  to  the 
same,  they  the  said  John  Gregg,  Seth  Jones  and  Abel  Lea, 


MANDAMUS.  629 

pray  judgment  against  the  Commonwealtli,  and  that  they  may 
recover  their  costs  in  this  behalf  expended. 

Job  Mann, 
For  Defendants. 


In    the    Court    of    Common 
Pleas  of  Chester  County. 
Of  July  Term,  1860.     No.  2. 
Mandamus. 


6.  Judgment. 

P.  688,  pi.  5,  6.     14  June  1836,  P.  L.  627. 

The  Commonwealth  of  Penn- 
sylvania, ez  relatione  James 
Wills, 

V. 

John  Gregg,  Seth  Jones  and 

Abel  Lea,  Commissioners  of 

the  County  of  Chester. 

And  now,  October  1,  1860,  This  cause  having  come  on  for 
hearing,  was  fully  argued  by  counsel.  Whereupon  the  Court, 
after  due  and  mature  consideration  thereon  had :  (for  that  it 
appears  that  the  said  return  by  the  defendants,  made  to  the  al- 
ternative writ,  is  altogether  insufficient),  do  order  and  adjudge 
that  judgment  be  entered  upon  the  demurrer  for  the  Common- 
wealth, and  that  the  defendants  and  their  successors  in  office,  be, 
and  they  are  hereby  commanded  forthwith,  to  provide  in  the 
county  levies  of  the  said  County  of  Chester,  the  moneys  neces- 
sary to  defray  the  cost  of  the  bridge,  in  said  alternative  writ 
mentioned,  and  it  is  further  ordered  that  the  defendants  pay 
the  costs  of  this  suit.(a) 


7.  Peremptory  Mandamus. 

p.  688,  pi.  6.     14  June  1836,  P.  L.  627. 

Chester  county,  ss. 

The    Commonwealth    of    Pennsylvania,    To   John 
[Seal.]         Gregg,  Seth  Jones  and  Abel  Lea,  Commissioners 
of  the  said  County  of  Chester  ; — Greeting : 

(a)    See  Commonwealth  v.  Councils  of  Pittsburg, 10  Casey,  524. 

34 


530  MANDAMUS. 

"Whereas,  it  has  lately  been  represented  to  us  in  our  Court  of 
Common  Pleas,  held  and  kept  at  West  Chester,  for  the  said  County 
of  Chester,  before  our  Judges  thereof,  on  the  part  and  behalf 
of  James  Wills :  that  in  pursuance  of  the  provisions  of  an  Act 
of  Assembly  in  such  case  made  and  provided,  viewers  appointed 
by  the  Court  of  Quarter  Sessions  of  the  Peace  of  the  said 
County  of  Chester,  reported  at  the  May  Sessions,  a.  d.  1859, 
of  said  Court,  that  a  bridge  was  necessary  over  Elk  Creek, 
where  the  same  crosses  the  public  road,  leading  from  Jones' 
Mill  to  Rea's  Store,  in  the  Township  of  Penn  in  said  county ; 
that  the  erecting  of  said  bridge  would  require  more  expense 
than  it  is  reasonable  that  the  said  township  should  bear;  and  that 
on  said  report,  it  appearing  to  the  said  Court  of  Quarter  Sessions, 
the  Grand  Jury  and  Commissioners  of  said  county,  that  such 
bridge  was  necessary,  and  the  erecting  thereof  would  require 
more  expense  than  it  is  reasonable  the  said  township  should 
bear,  the  same  was,  at  the  next  August  Sessions  of  said  Court, 
entered  of  record  as  a  county  bridge ;  that  John  Gregg,  Seth 
Jones  and  Abel  Lea,  being  the  Commissioners  of  said  county, 
did  thereupon  procure  an  estimate  of  the  cost  thereof,  and 
on  the  first  day  of  November  then  next,  entered  into  a  con- 
tract with  the  said  James  Wills  for  the  erection  of  the  same, 
for  the  sum  of  one  thousand  dollars,  to  be  paid  on  the  ap- 
proval thereof  by  the  said  Court; — and  that  the  said  James 
Wills  erected  and  completed  the  same  in  all  respects  in  con- 
formity with  said  contract ;  and  afterwards,  upon  the  report  of 
viewers  duly  appointed  by  the  said  Court  of  Quarter  Sessions 
to  inspect  said  bridge,  the  Court,  by  decree  made  on  the  first 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty,  approved  said  bridge,  the  same  having  been 
erected  under  said  contract,  with  the  Commissioners  aforesaid ; 
which  decree  has  not  been  set  aside,  reversed  or  in  any  manner 
annulled,  but  remains  in  full  force ;  And  whereas  it  has  been 
further  represented  to  us,  that  the  said  sum  of  one  thousand 
dollars,  which  was  to  be  paid  to  the  said  James  Wills,  under  the 
said  contract  for  the  erection  of  said  bridge,  is  still  due  and 
wholly  unpaid,  and,  although  it  was  the  duty  by  law  of  the  said 
John  Gregg,  Seth  Jones  and  Abel  Lea,  as  Commissioners  afore- 


MANDAMUS.  531 

said,  to  provide  in  the  county  levies  the  moneys  necessary  to 
defray  the  costs  of  said  bridge  and  the  said  James  Wills  de- 
manded of  the  said  Commissioners  that  they  should  provide  as 
aforesaid  for  the  same  and  pay  him  the  said  sum  of  one  thou- 
sand dollars  due  him  as  aforesaid,  yet  the  said  Commissioners 
have  in  violation  of  their  said  duty,  neglected  and  refused  to 
provide  in  the  county  levies  for  the  same  and  to  pay  him  the 
said  sum  of  one  thousand  dollars,  and  that  by  reason  of  the 
premises  and  said  refusal,  the  said  James  Wills  has  suffered 
damage  and  has  no  specific  legal  remedy  therefor :  We,  there- 
fore, being  willing  that  due  and  speedy  justice  be  done  in  this 
behalf,  do  peremptorily  command  you,  the  said  John  Gregg, 
Seth  Jones  and  Abel  Lea,  firmly  enjoining,  that  you,  without 
delay  (or  as  the  case  may  require),  provide  in  the  county  levies 
the  moneys  necessary  to  defray  the  costs  of  said  bridge,  as  in 
the  Act  of  Assembly  in  such  case  made  and  provided,  you  are 
required  to  do,  and  that  all  and  singular  the  matters  for  the 
speedy  performance  of  the  foregoing,  according  to  the  exigency 
of  the  law,  you  shall  do  and  execute  as  hereinbefore  you  have 
been  commanded,  and  when  you  shall  have  executed  this  com- 
mand, that  you  make  known  the  same  to  us  in  our  said  Court 
of  Common  Pleas  at  West  Chester,  before  our  Judges  thereof 
at  West  Chester  aforesaid,  on  the  last  Monday  in  July  next. 

Witness  the  Honorable  Townsend  Haines,  President  Judge 
of  said  Court  of  Common  Pleas,  at  West  Chester  aforesaid, 
the  second  day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty. 

James  Davis, 

Prothonotary. 


8.  Return  to  Peremptory  Mandamus. 

p.  688,  pi.  6,  Ac.     14  June  1836,  P.  L.  627. 

To  the  Honorable,  the  Judges  named  in  the  within  writ : 
We,  John  Gregg,  Seth  Jones  and  Abel  Lea,  named  therein, 
do  respectfully  return,  That  in  pursuance  of  the  commands  of 
said  writ,  we  have  provided  in  the  county  levies  the  moneys 


632  MANUFACTURING   COMPANIES. 

necessary  to  defray  the  costs  of  the  bridge  in  the  within  -writ 
mentioned,  and  all  and  singular  the  matters  therein  commanded 
and  enjoined,  we  have  done  and  executed  as  fully  and  entirely 
as  therein  we  are  commanded. 

So  answer, 

John  Gregg, 
Seth  Jones, 
July  28,  1861.  Abel  Lea. 


BIANUFACTURING  COMPANIES. 

1.  Petition  to  Api^raise  Property  Invested. 

p.  667,  pi.  13.     13  April  1838,  P.  L.  379. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County ; 

The  petition  of  the  undersigned.  Respectfully  represents, 
That  they,  with  other  persons,  have  applied  for  the  powers 
and  immunities  of  a  corporation  or  body  politic,  under  the  Act 
to  encourage  the  manufacture  of  iron  with  coke  or  mineral  coal, 
by  the  name,  style  and  title  of  the  Penn  Iron  Company,  the 
business  of  said  corporation  to  be  conducted  in  said  County  of 
Chester,  and  that  the  petitioners  have  subscribed  the  following 
described  property  (describing  it),  for  the  purpose  of  carrying 
on  said  manufacture  and  to  be  used  therein.  The  petitioners 
therefore  pray  the  Court  to  appoint  three  disinterested  citizens 
to  value  and  appraise  said  estate  subscribed  as  aforesaid,  and 
make  return  of  said  valuation,  with  a  description  of  such  estate, 
under  their  hands  and  seals,  to  this  Court. 

And  they  will,  &c. 

James  Wills, 
Seth  Jones, 
Abel  Lea, 
&c.,  &c. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


MANUFACTURING    COMPANIES.  533 


2.   Order  to  Appraisers. 

P.  567,  pi.  13,     13  April  1838,  P.  L.  379. 

Chester  county,  ss. 

At  a  Court  of  Common  Pleas  of  said  County,  held 
^'     [Seal.]     and  kept  at  West  Chester  for  said  County,  before 
the  Honorable  Townsend  Haines  and  his  Associate 
Justices  present. 
The  petition  of  James  Wills,  Seth  Jones,  Abel  Lea,  &c.,  &c., 
was  presented,  setting  forth  that  they,  with  other  persons,  had 
applied  for  the  powers  and  immunities  of  a  corporation  or  body 
politic,  under  the  Act  to  encourage  the  manufacture  of  iron,  &c., 
by  the  title  of  the  Penn  Iron  Company,  and  that  the  petitioners 
had  subscribed  the  following  described  estate  (describing  it), 
for  the  purpose  of  carrying  on  and  to  be  used  in  such  manu- 
facture, and  praying  the  Court  to  appoint  three  disinterested 
citizens,  to  value  and  appraise  the  said  estate: 

Whereupon  the  Court,  on  due  consideration,  have  appointed 
James  Robb,  John  Rex  and  George  Jones,  who,  being  first  sworn 
or  affirmed  faithfully  to  perform  the  trust  committed  to  them, 
are  to  value  and  appraise  said  estate,  and  make  return  of  said 
valuation,  with  a  description  of  such  estate,  under  their  bands 
and  seals,  to  the  said  Court  according  to  law. 

By  the  Court. 

James  Davis, 

Prothonotary. 


3.  Declaration  in  Suit  against  Directors,  ^-c. 

P.  694,  pi.  28.     7  April  1849,  P.  L.  568. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  May 
Term,  18G0.     No.  10. 

Chester  county,  ss. 

Enoch  Rex,  Seth  Jones  and  Abel  Lea,  all  late  of  said  county, 
directors  of  the  Penn  Manufacturing  Company,  were  summoned 


534  MANUFACTURING    COMPANIES. 

to  answer  James  Wills  of  a  plea  of  trespass  on  the  case,  &c., 
and  thereupon  the  plaintiff,  by  William  Marshall  his  attorney, 
complains,  for  that  whereas  heretofore  and  before  the  making 
of  the  promises  and  undertakings  hereafter  mentioned,  to  wit, 
on  the  first  day  of  April  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty,  at  the  county  aforesaid,  the  said 
The  Penn  Manufacturing  Company  was  a  body  politic  and  cor- 
porate, incorporated  under  and  by  virtue  of  an  Act  of  Assembly 
of  this  Commonwealth,  entitled  "  An  Act  to  encourage  manu- 
facturing operations  in  this  Commonwealth,"  passed  the  seventh 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  forty-nine,  with  a  capital  of  fifty  thousand  dollars,  of 
which  said  capital  the  sum  of  twenty-five  thousand  dollars  and 
no  more,  was  then  and  there  actually  paid  in,  and  the  said 
Enoch  Rex,  Seth  Jones  and  Abel  Lea,  together  with  one  James 
Robb  and  one  Job  Mann,  were  then  and  there  directors  duly 
elected  and  acting  as  such,  of  said  company :  And  whereas,  on 
the  day  and  year  aforesaid,  at  the  county  aforesaid,  the  plaintiff 
sold  and  delivered  to  the  said  company,  and  at  the  special  in- 
stance and  request  of  said  company,  divers  goods,  wares  and 
merchandise  of  great  value,  to  wit,  of  the  value  of  two  hundred 
dollars,  lawful  money  of  the  United  States,  for  which  said  goods, 
wares  and  merchandise,  the  said  company  promised  and  agreed 
to  pay  the  plaintiff  the  said  sum  of  two  hundred  dollars  upon 
request.  And  the  plaintiff  avers,  that  at  and  before  the  time 
when  the  said  goods,  wares  and  merchandise  were  so  sold  and 
delivered,  and  the  said  sum  of  two  hundred  dollars  promised 
and  agreed  to  be  paid  to  the  plaintiff  as  aforesaid,  the  debts  and 
liabilities  of  the  said  company  exceeded  three  times  the  amount 
of  capital  actually  paid  in,  to  wit,  at  the  county  aforesaid : 
And  the  plaintiff  further  avers,  that  the  said  debt  and  liabihty 
for  the  aforesaid  sum  of  two  hundred  dollars  for  the  goods,  wares 
and  merchandise,  sold  and  delivered  as  aforesaid,  was  contracted 
and  assented  to  by  the  said  Enoch  Rex,  Seth  Jones  and  Abel 
Lea,  they  being  then  and  there  directors  of  said  company  as 
aforesaid  :  By  reason  whereof,  and  by  force  of  the  Act  of  As- 
sembly aforesaid,  the  said  Enoch,  Seth  and  Abel,  became  liable 
to  pay  to  the  plaintiff  the  said  sum  of  two  hundred  dollars,  when 


MANUFACTURING    COMPANIES.  535 

they  sliould  be  thereunto  afterwards  requested  :  And  being  so 
liable,  the  defendants  in  consideration  thereof,  then  and  there 
undertook  and  faithfully  promised  the  plaintiff  to  pay  him  the 
said  sum  of  money  when  they  should  be  thereto  afterwards  re- 
quested. Nevertheless,  the  defendants,  although  often  requested 
so  to  do,  have  not  yet  paid  the  said  sum  of  two  hundred  dollars 
or  any  part  thereof,  but  the  same  to  the  plaintiff  to  pay  have 
hitherto  wholly  refused  and  still  do  refuse,  to  the  damage  of  the 
plaintiff  three  hundred  dollars,  and  therefore  he  brings  suit,  &c. 

William  Marshall, 

For  Plaintiff. 


4.  Declaration  in  Suit  against  StocJcholders  in  Arrear. 

p.  692,  pL  13.     p.  694,  pi.  30.     7  April  1849,  P.  L.  566,  568. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  May 
Term,  1860.     No.  10. 

Chester  county,  ss. 

ThePenn  Manufacturing  Company  and  Seth  Jones  and  Abel 
Lea,  stockholders  in  said  Company,  were  attached  to  answer 
James  Wills,  of  a  plea  of  trespass  on  the  case,  &c.  And  tliere- 
upon  the  plaintiff,  by  William  Marshall  his  attorney,  complains  : 
That  whereas,  heretofore,  to  wit,  on  the  first  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  at 
the  county  aforesaid,  the  said  The  Penn  Manufacturing  Company 
were  indebted  to  the  plaintiff  in  the  sum  of  tAvo  hundred  dollars, 
for  divers  goods,  wares  and  merchandise  before  that  time  by  the 
plaintiff  sold  and  delivered  to  the  said  The  Penn  Manufacturing 
Company,  at  their  special  instance  and  request :  And  the  plain- 
tiff avers,  that  the  said  ThePenn  Manufacturing  Company  is  and 
was  at  the  time  of  the  sale  and  delivery  of  the  said  goods,  wares 
and  merchandise  as  aforesaid,  a  body  politic  and  corporate,  in- 
corporated under  and  by  virtue  of  the  provisions  of  an  Act  of 
Assembly,  entitled  "  An  Act  to  encourage  manufacturing  opera- 
tions in  this  Comraoiiwealth,"  pas.scd  the  seventh  day  of  April,  in 


536  MANUFACTURING  COMPANIES. 

the  year  of  our  Lord  one  thousand  eight  hundred  and  forty- 
nine,  with  a  capital  of  fifty  thousand  dollars,  divided  into  one 
thousand  shares  of  fifty  dollars  each,  and  carrying  on  its  chief 
business  in  the  said  County  of  Chester,  and  that  the  said  Seth 
and  Abel  were  each  subscribers  for  and  now  hold  one  hundred 
shares  of  said  capital  stock  and  have  paid  to  the  persons  author- 
ized by  law  to  receive  the  same,  the  sum  of  twenty-five  dollars 
on  each  share  of  said  stock  so  subscribed  for  by  them,  and  that 
there  still  remains  unpaid  on  each  of  the  said  shares  of  stock 
respectively  held  by  the  said  Seth  and  Abel,  the  sum  of  twenty- 
five  dollars,  making  in  the  whole  the  sum  of  five  thousand  dol- 
lars ;  that  is  to  say,  that  there  still  remains  unpaid  on  the  said 
stock  held  by  the  said  Seth  the  sum  of  twenty-five  hundred 
dollars,  and  that  there  still  remains  unpaid  on  the  said  stock 
held  by  the  said  Abel,  the  sum  of  twenty-five  hundred  dollars : 
By  reason  whereof  and  by  force  of  the  Act  of  Assembly  afore- 
said, the  defendants  became  liable  to  pay  to  the  plaintiflf,  the 
said  sum  of  two  hundred  dollars  when  they  should  be  requested, 
and  being  so  liable,  the  defendants,  in  consideration  thereof, 
then  and  there  undertook  and  faithfully  promised  the  plaintiflf  to 
pay  him  the  said  sum  of  money  when  they  should  be  thereunto 
afterwards  requested  :  Nevertheless,  the  defendants  although 
often  requested  so  to  do,  have  not  as  yet  paid  the  said  sum  of 
two  hundred  dollars  or  any  part  thereof,  but  the  same  to  the 
plaintiff  to  pay  have  hitherto  wholly  refused  and  still  do  refuse, 
to  the  damage  of  the  plaintiff  three  hundred  dollars,  and  there- 
fore he  brings  suit,  &c. 

"William  Marshall, 

For  Plaintiflf. 


5.  Declaration  in  Suit  against  StocJcJwlder. 

p.  694,  pi.  SL     20  April  1S63,  P.  L.  637. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  May 
Term,  1860.     No.  10. 
Chester  county,  ss. 

The  Penn  Manufacturing  Company  and  Seth  Jones  and  Abel 


MANUFACTURING  COMPANIES.  537 

Lea,  stockliolders  in  said  company,  were  attached  to  answer 
James  Wills  of  a  plea  of  trespass  on  the  case,  &c.,  and  there- 
upon the  plaintiff,  by  Job  Mann  his  attorney,  complains :  That 
whereas  heretofore,  to  wit,  on  the  first  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty,  the  said 
The  Penn  Manufacturing  Company  were  indebted  to  the  plain- 
tiff in  the  sum  of  two  hundred  dollars,  lawful  money  of  the 
United  States,  for  divers  goods,  wares  and  merchandise,  before 
that  time  sold  and  delivered  to  the  said  company,  at  their 
special  instance  and  request :  And  the  plaintiff  avers  that  the 
said  The  Penn  Manufacturing  Company  is,  and  was  at  the  time 
the  said  goods,  wares  and  merchandise  were  so  sold  and  de- 
livered by  him  as  aforesaid,  a  body  politic  and  corporate,  incor- 
porated under  and  by  virtue  of  the  provisions  of  an  Act  of 
Assembly  of  this  Commonwealth,  entitled  "  An  Act  to  encour- 
age manufacturing  operations  in  this  Commonwealth,"  passed 
the  seventh  day  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-nine,  with  its  supplements,  carrying  on 
its  chief  business  in  the  County  of  Chester  aforesaid,  and  that, 
at  the  time  the  said  goods,  wares  and  merchandise  were  so  sold 
and  delivered  by  the  plaintiff  to  the  said  company  as  aforesaid, 
the  said  Seth  and  Abel  were  owners  of  stock  in  said  company 
and  parties  beneficially  interested  therein,  to  wit,  at  the  county 
aforesaid :  By  reason  whereof  and  by  force  of  the  several  Acts 
of  Assembly  in  that  behalf  made  and  provided,  the  defendants 
became  liable  to  pay  to  the  plaintiff  the  said  sum  of  two  hun- 
dred dollars,  when  they  should  be  requested ;  and  being  so 
liable,  the  defendants,  in  consideration  thereof,  undertook  and 
then  and  there  faithfully  promised  the  plaintiff  to  pay  him  the 
said  sum  of  two  hundred  dollars,  when  they  should  be  thereunto 
afterwards  requested :  Nevertheless  the  defendants,  although 
often  requested,  have  not  paid  the  said  sum  of  money  or  any 
part  thereof,  but  the  same  to  the  plaintiffs  to  pay  have  hitherto 
wholly  refused  and  still  do  refuse,  to  the  damage  of  the  plain- 
tiff three  hundred  dollars,  and  therefore  he  brings  suit,  &c. 

Job  Mann, 
For  Plaintiff. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  May  Term,  1860.   No.  10. 

Case  in  Assumpsit. 


538  MARRIED  ■S^'OMEN. 

6.   Order  to  Assign  Judgment  to  Stockholders  Paying,  ^c. 

p.  694,  pi.  30,  31.     7  April  1849,  P.  L.  568.     20  April  1853,  P.  L.  637. 

James  Wills  "^ 

V. 

The    Penn    Manufacturing 

Company  and  Seth  Jones 

and  Abel  Lea,  Stockholders 

in  said  Company. 

And  now,  November  1,  18G0,  It  appearing  to  the  Court  that 
there  not  having  been  property  of  the  said  The  Penn  Manu- 
facturing Company,  found  in  said  county  of  Chester,  sufficient 
to  satisfy  the  judgment  in  this  case,  the  said  judgment  has 
been  collected  of  the  property  of  the  said  Seth  Jones  and  Abel 
Lea,  under  and  by  virtue  of  the  execution  issued  thereon,  to 
wit,  the  sum  of  two  hundred  and  twenty  dollars  debt,  and 
twenty  dollars  costs ;  on  motion  of  David  Bradley,  of  counsel 
with  the  said  Seth  Jones  and  Abel  Lea,  it  is  ordered  that  the 
said  judgment  be  assigned  by  the  said  James  Wills  to  the  said 
Seth  Jones  and  Abel  Lea,  for  his  and  their  benefit,  with  power 
to  enforce  the  same  as  is  directed  in  the  Act  of  Assembly  in 
that  behalf  made  and  provided. 


MARRIED   WOMEN. 

1.  Declaratio7i  for  Inrprovements. 

p.  699,  pi.  11.     p.  700,  pi.  13.     11  April  1848,  P.  L.  536,  537. 

In  the  Common  Pleas  of  Chester  County,  of  January  Term. 
1861,  No.      . 

Chester  county,  s.s. 

Sarah  Gregg,  late  of  said  county,  wife  of  John  Gregg  who 
was  impleaded  in  this  behalf  with  the  said  Sarah,  was  attached 
to  answer  James  Wills  of  a  plea  of  trespass  in  the  case,  &c. : 


MARRIED  WOMEN.  539 

And  thereupon  the  plaintiff,  by  William  Marshall  his  attor- 
ney, complains,  That  whereas  heretofore,  to  wit,  on  the  twentieth 
day  of  October,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty,  at  the  county  aforesaid,  the  said  Sarah  was 
indebted  to  the  plaintiff  in  the  sum  of  two  hundred  dollars,  law- 
ful money  of  the  United  States,  for  the  work  and  labor  and 
care  and  diligence  of  the  plaintiff,  by  him  before  that  time  per- 
formed and  bestowed  for  the  said  Sarah  in  and  about  the  improve- 
ment and  for  the  benefit  of  certain  messuages  and  other  real 
estate  in  said  county,  the  said  messuages  and  real  estate  being 
then  and  there  the  separate  estate  of  the  said  Sarah,  and  at  her 
special  instance  and  request,  and  also  in  the  further  sura  of 
two  hundred  dollars,  lawful  money  aforesaid,  for  divers  mate- 
rials and  other  necessary  things,  by  the  plaintiff  before  that 
time  found  and  provided  and  used  and  applied  for  the  said  Sarah 
in  and  about  the  improvement  and  for  the  benefit  of  the  afore- 
said messuages  and  other  real  estate  of  the  said  Sarah,  and  at 
her  like  special  instance  and  request ;  and  also  in  the  further 
sum  of  two  hundred  dollars,  lawful  money  aforesaid,  for  so 
much  money  by  the  plaintiff  lent  and  advanced  before  that  time 
to  the  said  Sarah,  at  her  like  instance  and  request  to  be  ex- 
pended, and  the  same  having  been  actually  expended  in  and 
about  the  improvement  and  for  the  benefit  of  the  aforesaid  mes- 
suages and  other  real  estate  ;  and  also  in  the  further  sum  of  two 
hundred  dollars,  lawful  money  aforesaid  for  so  much  money  by 
the  plaintiff,  before  that  time  paid,  laid  out  and  expended  to 
and  for  the  use  of  the  said  Sarah  in  and  about  the  improvement, 
and  for  the  benefit  of  the  said  messuages  and  other  real  estate, 
and  at  her  like  special  instance  and  request :  By  reason  whereof 
and  by  force  of  the  Act  of  Assembly  in  such  case  made  and  pro- 
vided, the  said  Sarah  became  liable  to  pay  to  the  plaintiff,  the 
said  several  sums  of  money  above  mentioned,  when  she  should 
be  thereunto  afterwards  requested :  And  being  so  liable,  the 
said  Sarah,  in  consideration  thereof,  afterwards,  to  wit,  on  the 
day  and  year  aforesaid,  at  the  county  aforesaid,  undertook  and 
then  and  tliere  faithfully  promised  the  plaintiff  to  pay  him  the 
said  several  sums  of  money  when  she  should  be  thereunto 
requested ;  nevertheless,  the  said  Sarah,  although  requested  so 
to  do,  has  not  paid  the  said  sums  of  money  or  any  of  tliem,  or 


540  MARRIED   WOMEN. 

any  part  thereof,  but  the  same  to  the  plaintiff  to  pay  has  hitherto 
"wholly  refused  and  still  does  refuse,  to  the  damage  of  the  plain- 
tiff three  hundred  dollars,  and  therefore  he  brings  suit,  &c.(a) 

William  Marshall, 

For  Plaintiff. 


2.  Declaration  for  Necessaries. 

p.  700,  pi.  13.     11  April  1848,  P.  L.  537. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  May 
Term,  1860.     No.  10. 

Chester  county,  ss. 

John  Gregg  and  Sarah  Gregg  his  wife,  both  late  of  said 
county,  were  attached  to  answer  James  Wills  of  a  plea  of  tres- 
pass on  the  case,  &c.,  and  thereupon  the  plaintiff,  by  David 
Bond  his  Attorney,  complains,  for  that  whereas  heretofore,  to 
"wit,  on  the  first  day  of  April,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty,  at  the  county  aforesaid,  the 
defendants  were  indebted  to  the  plaintiff  in  the  sum  of  two  hun- 
dred dollars,  for  divers  goods,  wares  and  merchandise,  before 
that  time  by  the  plaintiff  sold  and  delivered  to  the  defendants 
at  their  special  instance  and  request;  and  the  plaintiff  avers, 
that  the  aforesaid  debt  in  which  the  plaintiffs  were  and  are  so 
indebted  to  him  as  aforesaid,  was  contracted  by  the  said  Sarah, 
and  incurred  for  articles  necessary  for  the  support  of  the  family 
of  the  said  John  and  Sarah,  to  wit,  at  the  county  aforesaid  : 
By  reason  whereof,  and  by  force  of  the  Act  of  Assembly  in  that 
behalf  made  and  provided,  the  defendants  became  liable  to  pay 
to  the  plaintiff  the  said  sum  of  two  hundred  dollars  when  they 
should  be  requested  ;  and  being  so  liable,  the  defendants,  in 
consideration  thereof,  afterwards,  to  wit,  on  the  day  and  year 
aforesaid,  at  the  county  aforesaid,  undertook  and  then  and  there 
faithfully  promised  the  plaintiff  to  pay  him  the  said  sum  of  two 
hundred  dollars,  when  they  should  be  thereunto  afterwards 
requested:    Nevertheless    the    defendants,   although  often    re- 

(a)  See  Heugh  v.  Jones^,  8  Casey  432  ;  Glyde  v.  Keister,  Id.  85  ;  Murray  v. 
Keys,  11  Id.  384. 


mechanic's  lien.  541 

quested  so  to  do,  have  not  paid  the  said  sum  of  money,  or  any 
part  thereof,  but  the  same  to  the  plaintiff  to  pay  have  hitherto 
wholly  refused  and  still  do  refuse,  to  the  damage  of  the  plain- 
tiff three  hundred  dollars,  and  therefore  he  brings  suit,  &c.(a) 

David  Bond, 
For  Plaintiff. 


MECHANIC'S    LIEN. 

1.  Designation  of  Boundaries  of  Lot. 

p.  709,  pi.  5.     16  June  1836,  P.  L.  697. 

John  Gregg  being  the  owner  of  a  lot  or  piece  of  ground,  part 
of  a  tract  of  land  in  the  Township  of  Penn,  in  the  County  of 
Chester,  bounded,  &c.  (describing  it  in  short),  and  being  desir- 
ous of  erecting  (or  as  the  case  may  be),  a  dwelling-house  thereon, 
hereby  declares  and  defines  the  boundaries  of  said  lot  and  curti- 
lage appertenant  to  said  building,  as  follows,  viz.  (set  out 
boundaries),  in  order  that  the  same  may  be  entered  upon  record 
according  to  the  Act  of  Assembly  in  that  behalf  made  and  pro- 
vided, and  be  obligatory  on  all  persons  concerned. 

Witness  the  said  John  Gregg,  the  first  day  of  March,  A.  D. 
1860. 

John  Gregg. 


2.  Petition  to  Define  Boundaries. 

P.  709,  pi.  3,  6.     16  June  1836,  P.  L.  697. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg,  of  the  Township  of  Penn  in  said  county, 

is  the  owner  of  a  tract  of  land  in  said  township,  bounded,  &c. 

(a)  See  Ileugh  v.  Jones,  8  Casey  432  ;   Glijdc  v.  Keister,  Id.  85  ;  Murray  r. 
Keys,  11  Id.  384. 


542  mechanic's  liex. 

(describing  it  in  short),  and  that  the  said  John  Gregg  has  com- 
menced the  erection  of  a  dwelling-house  on  a  lot  or  piece  of 
ground,  part  of  said  tract,  without  defining  and  designating  the 
boundaries  of  the  said  lot  or  piece  of  ground  previously  to  the 
commencement  of  said  building,  in  accordance  with  the  provi- 
sions of  the  Act  of  the  sixteenth  of  June,  A.,  D.  1836,  relating 
to  the  lien  of  Mechanics  and  others  upon  buildings  ;  that  the 
^petitioner  has  a  lien  upon  said  tract  of  land  and  said  lot,  by 
mortgage,  dated  the  tenth  day  of  April,  one  thousand  eight 
hundred  and  fifty-eight,  to  secure  the  payment  of  one  thousand 
dollars  (or  as  the  case  may  be).  He  therefore  prays  the  Court 
to  appoint  competent  and  skilful  persons  as  Commissioners,  to 
designate  the  boundaries  of  said  lot  or  curtilage  to  said  build- 
ing, according  to  provisions  of  the  Act  aforesaid. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


3.   Order  of  Court  for  Appointment  of  Commissioners. 

p.  709,  pi.  3,  C.     16  June  1S36,  P.  L.  697 

In  the  Matter  of  the  Application  ^  In  the  Court  of  Com- 
OF  James  Wills,  to  designate  bound-  >      mon  Pleas  of  Ches- 
aries  of  lot  of  John  Gregg,  &c.         J       ter  County. 
And  now,  March  10,  1860,  The  Court  fix  the  first  day  of 
May  next,  at  ten  o'clock  in  the  forenoon,  at  the  Court  House  in 
the  borough  of  West  Chester,  for  the  appointment  of  Commis- 
sioners to  designate  the  boundaries  of  the  lot  on  which  the  said 
John  Gregg  has  commenced  to  erect  a  building,  &c.,  and  direct 
ten  days'  notice  thereof  to  be  given  to  the  said  John  Gregg  and 
all  persons  interested ;  to  those  in  the  County  of  Chester  per- 
sonally, or  by  writing  left  at  the  place  of  their  abode,  and  to 
all  others,  by  publication,  for  two  successive  weeks,  in  the  Vil- 
lage Record  (or  as  the  Court  may  order). 


mechanic's  lien.  543 


4.  Appointment  of  Commissioners  hy  Agreement. 

p.  709,  pi.  3,  7,  8.     16  June  1836,  P.  L.  697. 

In  the  Matter  of  the  Application  '\  In  the  Court  of  Cotn- 
OF  James  Wills,  to  designate  bound-  >  mon  Pleas  of  Ches- 
aries  of  lot  of  John  Gregg,  &c.  J  ter  County. 
And  now,  May  1,  1860,  It  appearing  that  due  notice  of  the 
hearing  of  said  application  has  been  given,  according  to  the 
order  of  the  Court  to  the  said  John  Gregg  and  all  parties  inte- 
rested, the  Court  appoint  Enoch  Rex,  Seth  Jones  and  Abel 
Lea,  persons  nominated  by  all  the  parties  interested,  Commis- 
sioners to  designate  the  boundaries  of  the  said  lot  or  piece  of 
ground  in  the  said  application  mentioned,  or  the  curtilage  apper- 
tenant  to  the  building  commenced  thereon ;  and  the  said  com- 
missioners are  to  examine  the  place  at  which  said  building  is 
being  erected,  and  make  report  to  the  Court  thereon,  sufficiently 
designating  and  describing  by  metes  and  bounds,  with  their 
courses  and  distances,  and  by  a  draft,  if  necessary,  the  limits  and 
extent  of  ground  necessary  for  the  convenient  use  of  such 
building  for  the  purposes  of  a  dwelling-house  for  which  it  is 
designed  (or  as  the  case  may  be). 


6.  Appointment  of  Commissioners  ivitliout  Agreement. 

p.  709,  pi.  3,  7.     16  June  1836,  P.  L.  697. 

In  the  Matter  of  the  Application  ^  In  the  Court  of  Com- 
OF  James  Wills  to  designate  bound-  >  mon  Pleas  of  Ches- 
aries  on  lot  of  John  Gregg.  J       ter  County. 

And  now,  May  1,  1860,  It  appearing  that  due  notice  of  the 
hearing  of  said  application  has  been  given  according  to  the 
order  of  the  Court  to  the  said  John  Gregg  and  all  parties 
interested,  and  that  the  said  parties  cannot  agree  upon  a  nomi- 
nation of  Commissioners,  the  Court  appoint  Enoch  Rex,  Seth 
Jones  and  Abel  Lea,  Commissioners  to  designate  the  boundaries 


644  mechanic's  lien. 

of  said  lot  mentioned  in  said  application  or  tlie  curtilage  apper- 
tenant  to  the  building  commenced  thereon,  and  said  commis- 
sioners are  to  examine  the  place  at  which  said  building  is  being 
erected  (or  the  said  buildings,  as  the  case  may  be),  and  make 
report  to  the  Court,  therein  sufficiently  designating  and  de- 
scribing by  metes  and  bounds,  ■with  their  courses  and  distances 
and,  by  a  draft  if  necessary,  the  limits  and  extent  of  ground 
necessary  for  the  convenient  use  of  such  building,  for  the  pur- 
poses of  a  dwelling-house  for  which  it  is  designed. 


6.  Report  of  Commissioners. 

p.  709,  pi.  8.     16  June  ]836,  P.  L.  697. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
"within  named : 

The  undersigned,  commissioners  appointed  by  the  annexed 
order  for  the  purposes  therein  mentioned,  Report, 

That  having  been  duly  sworn,  faithfully  to  perform  the  duty 
committed  to  us,  we  did  on  the  first  day  of  June  instant,  exam- 
ine the  place  at  which  the  building  in  said  order  mentioned  is 
being  erected  (or  the  buildings  in  said  order  mentioned,  as  the 
case  may  be),  and  designate  and  describe  by  metes  and  bounds, 
with  their  courses  and  distances  hereafter  specified,  as  well  as 
by  the  draft  hereto  annexed,  the  limits  and  extent  of  ground 
necessary  for  the  convenient  use  of  said  building  for  the  pur- 
poses of  a  dwelling-house  for  which  it  is  designed ;  that  is  to 
say,  beginning  at  a  stone,  &c.  (setting  out  metes  and  bounds 
with  courses  and  distances  specifically),  all  which  is  respectfully 
submitted. 

Enoch  Rex, 
Seth  Jones, 

June  2,  1860.  Abel  Lea. 


mechanic's  lien.  545 

7.  Claim. 

p.  709,  pi.  3,  p.  710,  pi.  IS,  19.     16  June  1836,  P.  L.  697,  698. 

James  Wills  1  x     ,     ^  n  r^  -r., 

in  the  Court  ot   (Jommon  Jrleas  oi 

V. 

T  /^  J   )-      Chester  County. 

John  Gregg,  owner,  and  ,,  ,  .  ,  x  /  x 
T      T.,T  X      ^  Mechanic  s  Lien. (a) 

Job  Mann,  contractor,    j  ^  '' 

James  Wills  above  named,  hereby  files  his  claim  or  statement 
of  demand  for  work  done  (or  as  the  case  may  be),  for  and  about 
the  erection  and  construction  of  (the  building  hereafter  men- 
tioned, and  against  the  same  and  the  ground  covered  by  said 
building,  and  so  much  other  ground  immediately  adjacent  there- 
to and  belonging  to  the  above-named  John  Gregg,  as  may  be 
necessary  for  the  ordinary  and  useful  purposes  of  the  same, 
and  sets  forth  as  follows,  viz.  : 

1.  The  name  of  the  party  claimant  is  James  Wills ;  the 
name  of  the  owner  or  reputed  owner  of  said  building  is  John 
Gregg ;  the  name  of  the  contractor  (or  as  the  case  may  be),  is 
Job  Mann. 

2.  The  amount  claimed  to  be  due  is  two  hundred  dollars  for 
stone  and  lime  (or  as  the  case  may  be),  furnished  within  six 
months  past,  the  particular  items,  amounts  and  dates  when  said 
materials  were  furnished,  being  specifically  set  out  in  a  bill 
hereto  annexed  and  made  part  of  this  claim. 

3.  The  said  building  is  located  on  a  lot  or  piece  of  ground, 
part  of  a  tract  of  land  situate,  &c.  (describing  situation  of  land), 
it  is  a  two-storied  stone  building  with  two-storied  stone  back 
buildings,  the  main  building  being  about  thirty  feet  in  front  by 
forty  feet  in  depth,  and  the  back  buildings  being  about  twenty 
feet  in  width  by  forty  feet  in  depth  : 

Witness  the  hand  of  the  said  James  Wills,  the  first  day  of 

May,  a.  d.  18G0. 

James  Wills. 

(a)  See  Shujerhj  v.  Cawley,  2  Casey  248  ;  Fourth  Baptist  Church  v.  Front, 
4  Id.  153. 

35 


546  mechanic's  lien. 

(A  bill  of  items  with  the  dates  should  be  annexed  :  if  deemed 
advisable  the  particulars  may  be  stated  in  the  body  of  the  claim  ; 
the  plan  here  suggested  is  most  convenient  where  there  are  several 
items.) 


8,   Claim  against  Adjoining  Buildings. 

P.  709,  pi.  18,  19.     P.  711,  pi.  20,  21,  22.     16  June  18?,6,  P.  L.  698,  699.     30  March 
1.S31,  P.  L.  243.     25  April  1850,  P.  L.  576. 

James  Wills  -^  In  the  Court  of  Com- 

V.  I       mon  Pleas  of  Ches- 

JoHN  Gregg,  owner  or  reputed  owner,  [       ter  County, 
and  Job  Mann,  contractor.  -^  Mechanic's  Lien. 

James  Wills  above  named,  hereby  files  his  claim  or  statement 
of  demand  for  work  done  (or  as  the  case  may  be),  for  and  about 
the  erection  and  construction  of  the  three  several  buildings 
hereafter  mentioned,  and  against  the  same  and  the  ground  cov- 
ered by  said  buildings,  and  so  much  other  ground  immediately 
adjacent  thereto  and  belonging  to  the  said  John  Gregg,  as  may 
be  necessary  for  the  ordinary  and  useful  purposes  of  the  same, 
and  sets  forth  as  follows,  viz.  : 

1.  The  name  of  the  party  claimant  is  James  Wills,  the  name 
of  the  owner  or  reputed  owner  of  said  buildings  is  John  Gregg,  the 
name  of  the  contractor  (or  as  the  case  may  be),  is  Job  Mann. 

2.  The  amount  claimed  to  be  due  is  two  hundred  dollars  for 
stone  and  lime  (or  as  the  case  may  be),  furnished  within  six 
months  past,  the  particular  items,  amounts  and  dates  when  the 
said  materials  were  furnished  being  specifically  set  out  in  a  bill 
hereto  annexed,  and  made  part  of  this  claim. 

3.  The  said  buildings  are  located  in  the  borough  of  Penn  in 
said  county,  on  the  north  side  of  Gay  street,  the  easternmost 
house  being  fifty  feet  west  from  High  street  and  adjoining  lands 
of  Seth  Jones  on  the  east,  and  Abel  Lea  on  the  west,  each  of 
said  buildings  is  a  two-storied  brick  dwelling-house,  twenty  feet 
in  front  by  thirty  feet  in  depth  ;  and  the  said  James  Wills  ap- 
portions the  amount  of  his  claim  among  said  houses  as  follows, 
viz. :  he  claims  to  be  due  to  him  on  the  easternmost  of  said 


mechanic's  lien.  547 

bouses  the  sum  of  seventy  dollars,  on  tlie  westernmost  of  said 
houses  the  sum  of  sixty  dollars,  and  on  the  middle  house  of 
said  buildings  the  sum  of  seventy  dollars. 

Witness  the  hand  of  the  said  James  Wills,  the  first  day  of 
May,  A.  D.  1860. 

James  Wills. 

(Add  bill  of  items,  &c.) 


9.   Claim  on  Contract. 

P.  714,  pL  41.     16  April  1845,  P.  L.  538. 

James  Wills  , 

V.  f  In   the   Court  of   Common 

John  Gregg,  owner  or  reputed  f      Pleas  of  Chester  County, 

owner.  -^ 

James  Wills  above  named,  hereby  files  his  claim  or  statement 
of  demand,  for  Avork  done  and  materials  furnished  for  and  about 
the  construction  of  the  building  hereafter  mentioned,  and  against 
the  same  and  the  ground  covered  by  said  building,  and  so  much 
other  ground  immediately  adjacent  thereto  and  belonging  to  the 
said  John  Gregg,  as  may  be  necessary  for  the  ordinary  and  use- 
ful purposes  of  the  same,  and  sets  forth  as  follows,  viz.  : 

1.  The  name  of  the  party  claimant  is  James  Wills  ;  the  name 
of  the  owner  or  reputed  owner  of  said  building  is  John  Gregg. 

2.  The  amount  claimed  to  be  due  is  two  thousand  dollars, 
for  carpenter  work — mason  work  (setting  out  different  kinds 
of  work)  done,  and  for  stone,  lime  (setting  out  different  kinds 
of  materials)  furnished,  between  the  first  day  of  October,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
nine,  and  the  first  day  of  April  last  past,  under  and  in  pursu- 
ance of  a  contract  between  the  said  James  Wills  and  the  said 
John  Gregg  ; — dated  the  said  first  day  of  October  aforesaid, 
for  the  erection  of  said  building,  a  copy  of  which  contract  is 
hereto  annexed  and  made  part  of  this  claim. 

3.  The  said  building  is  located  on  the  north  side  of   Gay 


648  mechanic's  lien. 

street,  fifty  feet  west  from  Higli  street,  in  the  Borough  of 
Penn  in  said  county,  on  a  lot  adjoining  ground  of  Seth 
Jones,  Abel  Lea  and  others ; — and  is  a  two-storied  brick 
building,  about  twenty  feet  in  front  by  thirty  feet  deep,  with 
two-storied  back  buildings,  fifteen  feet  in  width  by  twenty  feet 
in  depth. 

Witness  the  hand  of  the  said  James  Wills,  the  first  day  of 
March,  a.  d.  1860. 

James  Wills. 
(Annex  copy  of  contract.) 


10,  Suggestion  of  Additional  Claim. 

p.  713,  pi.  36.     14  April  1855,  P.  L.  238. 

1  In    the    Court    of    Common 

Pleas  of  Chester  County. 

'  Upon  claim   filed  March  1, 
John  Gregg,  owner  or  reputed  ' 


owner,  and  Job  Mann,  con- 
tractor. 


1860,     upon     Mechanic's 

Lien. 
Docket  No.  2,  p.  60. 
And  now.  May  1,  1860,  the  said  James  Wills  comes  into  the 
ofiice  of  the  Prothonotary  of  said  Court,  and  gives  it  to  be 
understood,  that  since  the  filing  of  the  above-stated  claim,  he 
has  performed  further  work  (or  as  the  case  may  be),  for  and 
about  the  erection  of  the  building  in  the  above  claim  mentioned, 
viz.  (describing  the  building  as  in  the  original  claim):  owned 
or  reputed  to  be  owned  by  the  said  John  Gregg,  the  said  Job 
Mann  being  the  contractor  therefor ;  that  the  amount  claimed 
to  be  due  to  the  said  James  Wills  for  the  said  further  work  (or 
as  the  case  may  be),  is  one  hundred  dollars,  the  particular 
items,  amounts  owed  and  dates  when  such  work  was  done,  being 
set  out  in  a  bill  hereto  annexed  and  made  part  of  this  claim ; 
and  he  sugo-ests  the  same  on  the  above-stated  record  according 
to  the  form  of  the  Act  of  Assembly  in  such  case  made  and 
provided. 

James  Wills. 

(Annex  bill  of  items.) 


mechanic's  lien.  549 

11.  Return  of  Sheriff  to  Scire  Facias. 

p.  30,  pi.  3.  p.  712,  pi.  27.  13  June  1836,  P.  L.  672.  16  June  1836,  P.  L.  699. 

To  the  Honorable,  the  Judges  within  named : 
I,  Jesse  John,  Sheriff  of  said  County  of  Chester,  to  the 
within  writ  do  certify  and  return ;  that  I  served  the  same  on 
the  within-named  John  Gregg,  on  the  tenth  day  of  April,  1860, 
by  reading  it  in  his  hearing  (or  by  "  giving  him  notice  of  its 
contents")  and  by  giving  him  a  true  and  attested  copy  thereof, 
and  on  the  same  day,  on  the  within-named  Job  Mann,  who  could 
not  conveniently  be  found,  by  leaving  a  true  and  attested  copy 
thereof  at  the  dwelling-house  of  Seth  Jones,  in  whose  family 
the  said  Job  Mann  resides,  with  an  adult  member  thereof; 
and  also  leaving  a  copy  on  the  same  day,  at  the  building  men- 
tioned in  said  writ,  with  Abel  Lea  residing  therein. 

So  answers, 

Jesse  John, 

Sheriff. 


12.  Return  of  Sheriff  to  Scire  Facias  tvhen  Parties  are  not 
found,  ^-0. 

P.  712,  pi.  27.     16  June  1836,  P.  L.  699. 

To  the  Honorable,  the  Judges  within  named : 
I,  Jesse  John,  Sheriff  of  the  said  County  of  Chester,  to  the 
within  writ  do  certify  and  return. 

That  I  served  the  same  on  the  tenth  day  of  April,  1860,  by 
affixing  a  copy  thereof  on  the  door  (or  "front  part,"  as  the 
case  may  be),  of  the  building  in  the  said  writ  mentioned,  the 
said  building  not  being  occupied  as  a  place  of  residence,  and  I 
further  certify  and  return,  that  the  said  John  Gregg  and  Job 
Mann  have  nothing  in  my  bailiwick  by  which  they  can  be 
summoned. 

So  answers, 

Jesse  John, 

Sheriff. 


550  mechanic's  lien. 


13.  Suggestion  of  Another  Person  on  Scire  Facias. 

p.  712,  pi.  28.     16  June  1S36,  P.  L.  700, 

James  Wills  "^    In   the    Court   of   Common 

V.  Pleas  of  Chester  County. 

John  Gregg,  owner  or  reputed  V  Of  May  Term,  1860,  Ko.  10. 

owner,  and  Job  Manx,  con-       Scire  Facias  upon  Mechan- 

tractor.  J        ic's  Lien. 

And  now,  May  1, 1860,  Seth  Jones  comes  into  Jourt  ana  gives 
the  Court  to  understand  and  be  informed,  that  on  the  first  day  of 
March  in  the  year  aforesaid,  according  to  the  form  of  the  Act 
of  Assembly  in  such  case  made  and  provided,  he  filed  in  said 
Court,  a  claim  against  the  above-named  John  Gregg,  owner  or 
reputed  owner  and  Job  Mann,  contractor  (or  as  the  case 
may  be),  for  the  sum  of  one  hundred  dollars,  for  work  done 
(setting  out  the  nature  and  kind  of  work  or  materials,  as 
the  case  may  be),  for  and  about  the  erection  and  construction 
of  a  certain  building,  to  wit  (describing  it  as  in  the  claim),  as 
will  fully  appear  by  the  Records  of  this  Court ;  being  the  same 
buildincr  mentioned  in  the  writ  of  Scire  Facias  issued  in  this 
case : — and  thereupon  this  suggestion  is  entered  of  record,  and  at 
the  request  of  the  said  Seth  Jones,  the  Court  grant  a  rule  upon 
the  said  John  Gregg  and  Job  Mann,  to  appear  and  plead  to  the 
said  suggestion  in  thirty  days,  or  in  default  thereof  that  judg- 
ment be  entered  atjainst  them. 


14.  Petition  of  Defendant  ivhere  no  Scire  Facias  has  issued. 

p.  713,  pi.  33.     16  June  1836,  P.  L.  701. 

In  the  Court  of  Com- 


James  "Wills 

V. 

John  Gregg,  owner  or  reputed  owner, 
and  Job  Mann,  Contractor. 


mon  Pleas  of  Ches- 
;.       ter  County. 
See  Mechanic's  Lien. 
Docket  No.  2,  p.  50. 


MILL-DAMS.  551 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  John  Gregg  above  named,  Respectfully  re- 
presents : 

That  on  the  first  day  of  March  last,  the  above-named  James 
Wills  filed  in  this  Court  a  claim  for  the  sum  of  one  hundred 
dollars,  for  work  done  by  him  for  and  about  the  erection  and 
construction  of  the  following  described  building,  viz. :  (describe 
it  as  in  claim),  of  which  the  petitioner  is  the  owner ;  that 
said  claim  has  been  paid  in  full  (or  as  the  case  may  be,  set  out 
the  facts),  and  that  by  reason  thereof,  there  is  nothing  due  from 
the  petitioner  to  the  said  James  Wills  (or  "  there  is  but  fifty 
dollars  due  from  the  petitioner  to  the  said  James  Wills,"  setting 
out  as  the  case  may  be),  and  that  no  Scire  Facias  has  been 
issued  on  said  claim  : 

The  petitioner  therefore  prays  the  Court  to  grant  a  rule  upon 
the  said  James  Wills  and  such  other  persons,  if  any,  as  may  be 
interested  in  said  claim,  to  appear  in  Court,  at  a  time  to  be  fixed 
for  that  purpose,  and  show  cause  why  said  claim  should  not  be 
proceeded  on  as  if  a  Scire  Facias  had  been  issued  by  said  James 
Wills,  and  had  been  duly  served  and  returned. 

And  he  will,  &c. 

John  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


MILL-DAMS. 

1.  Petition  to  Remove. 

p.  742,  pL  1,  2.     23  March  1803,  4  Sin.  L.  20. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  County  of  Clarion  : 

The  petition  and  complaint  of  James  Wills,  Respectfully  re- 
presents :  That  John  Gregg  being  owner  of  land  adjoining  Toby's 


552  MILL-DAMS.  X 

creek  in  said  county,  and  the  said  creek  being  a  navigable 
stream  of  water,  declared  by  law  a  public  highway,  did  on  and 
before  the  first  day  of  January  last,  erect  a  dam  for  a  saw-mill 
upon  said  stream  adjoining  his  own  lands  ;  and  the  petitioner 
complains  to  the  Court  that  said  dam  obstructs  and  impedes 
the  navigation  of  said  stream  (or  "  prevents  fish  from  passing 
up  the  same,"  as  the  case  may  be):  The  petitioner  and  com- 
plainant therefore  prays  the  Court  to  appoint  three  commis- 
sioners to  view  said  dam,  and  compare  it  with  the  provisions  of 
the  Act  in  such  case  made  and  provided,  and  report  to  the  next 
sessions  of  this  Court  the  state  thereof. 

And  he  will,  kc. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


I 


2.  Appointmetit  of  Commissioners. 

p.  742,  pi.  1,  2.     23  March  1803,  4  Sm.  L.  20. 

At  a  Court  of  Quarter  Sessions,  held  and  kept  at  Clarion 
for  the  County  of  Clarion,  the  first  day  of  May,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty,  before  the 
Honorable  John  Knox  and  his  Associates,  Judges  present. 

The  petition  of  James  "Wills  was  presented,  set- 

[Seal.]  ting  forth  that  John  Gregg,  being  the  owner  of 
land  adjoining  Toby's  creek,  said  creek  being  a 
navigable  stream  of  water  in  said  county,  declared  by  law  a 
public  highway,  did  on  or  before  the  first  of  January  last  erect 
a  dam  for  a  saw-mill  upon  said  stream  adjoining  his  own  lands, 
and  complains  that  said  dam  obstructs  the  navigation  of  said 
stream  :  Whereupon  the  Court  appoint  Enoch  Rex,  Seth  Jones 
and  Abel  Lea,  Commissioners,  who  are  required  to  view  said 
dam,  and  compare  it  with  the  provisions  of  an  Act  authorizing 
the   erection   of  dams   on   navigable  streams,  &c.,  passed   the 


MORTGAGES.  553 

twenty-third  day  of  March,  a.  d.  1803,  and  report  to  this  Court 
at  the  next  sessions  thereof  the  state  of  said  dam. 

By  the  Court. 

George  Fisher, 

Clerk. 


3,  Rejjort  of  Commissioners. 

P.  742,  pi.  1,  2.     23  March  1S03,  4  Sm.  L.  2a 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter 
Sessions  of  the  County  of  Clarion : 

The  undersigned,  appointed  by  the  annexed  order,  commis- 
sioners for  the  purposes  therein  mentioned,  Respectfully  report, 

That  in  pursuance  of  said  order,  having  been  first  duly  sworn, 
we  did,  on  the  tenth  day  of  May  instant,  view  the  dam  erected 
by  the  within-named  John  Gregg,  in  said  order  mentioned,  and 
compare  the  same  with  the  provisions  of  the  Act  authorizing 
the  erection  of  dams  on  navigable  streams,  &c,,  passed  the 
twenty-third  day  of  March,  1803,  and  that  we  found  the  state 
of  said  dam  such  as  to  obstruct  and  impede  the  navigation  of 
(or  "prevent  the  fish  from  passing  up,"  as  the  case  may  be), 
said  Toby's  creek. 

All  which  is  respectfully  submitted. 

Enoch  Rex, 
Seth  Jones, 

May  11,  1860.  Abel  Lea. 


MORTGAGES. 

1.  Petition  for  Entry  of  Satisfaction. 

p.  327,  pi.  108.     31  March  1823,  8  Sm.  L.  131. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 


554  MORTGAGES. 

Tlie  petition  of  John  Gregg,  Respectfully  represents, 
That  on  the  first  day  of  March,  A.  D.  one  thousand  eight 
hundred  and  forty,  he  executed  and  delivered  to  John  Rex,  a 
mortgage  on  a  messuage  and  tract  of  land,  situate  in  the  Town- 
ship of  Penn,  in  the  County  of  Chester,  &c.  (describe  the  land), 
to  secure  the  payment  of  a  certain  bond,  dated  the  day  and 
year  aforesaid,  in  the  penalty  of  two  thousand  dollars  condi- 
tioned for  the  payment  of  one  thousand  dollars  in  one  year 
from  the  date  thereof,  with  interest,  which  mortgage  was  duly 
recorded  on  the  same  day  in  the  Recorder's  Office  of  Chester 
County,  in  Mortgage  Book  N,  p,  248 ;  that  payment  has  been 
made  of  all  the  money,  principal  and  interest,  due  and  to 
become  due  on  said  mortorage,  and  has  so  continued  for  two 
years  and  upwards ;  that  the  said  John  Rex  is  still  the  legal 
holder  of  the  said  mortgage  and  has  removed  out  of  the  State : 
The  petitioner  therefore  prays  the  Court  to  direct  notice  of  the 
facts  set  forth  in  this  petition  to  be  given  to  the  said  John  Rex, 
and  to  require  him  to  appear  at  the  next  term  of  said  Court  to 
answer  said  petition,  and,  upon  due  proof  that  the  full  amount 
for  which  the  mortgage  was  given  has  been  paid,  to  order  satis- 
faction to  be  entered  on  the  record  of  said  mortgage,  and  do 
such  other  things  as  are  directed  by  the  Act  of  Assembly  in 
such  case  made  and  provided. 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  truth  of  facts  to  be  appended.) 


2.    Order  of  Court  to  enter  Satisfaction. 

p.  327,  pi.  lOS.     31  March  1823,  8  Sm.  L.  131. 

In  the  Matter  of  the  Petition  1 

Pleas  of  Chester  County 


OF  John  Gregg,  for  entry  of  I  In  the  Court  of  Comm  .n 
satisfaction    on    a  mortgage  to 


John  Rex. 

And  now,   April   1,  1860,   it  appearing  to  the   Court  that 
notice  of  the  facts  stated  in  said  petition  has  been  given  agree- 


MORTGAGES.  bbb 

ablj  to  the  order  of  this  Court  of  January  1,  1860,  and  the 
said  John  Rex  not  appearing  to  answer  said  petition,  and  due 
proof  being  made  that  the  full  amount  for  which  the  mortgage 
mentioned  in  said  petition  was  given  has  been  paid,  the  Court 
decree  and  direct  that  satisfaction  shall  be  entered  on  the 
record  thereof  by  the  Recorder  of  tlie  County  of  Chester,  on 
the  payment  of  the  costs  due  relative  to  the  entering  of  said 
mortgage,  and  any  proceedings  thereon. 


3.    Order  for  Issue  to  try  Fact  of  Satisfaction. 

p.  327,  pi.  108.     31  March  1823,  S  Sm.  L.  131. 

In  the  Matter  of  the  Petition  .^ 

OF  John  Gregg,  for  entry  of  (in  the  Court  of  Common 

satisfaction  on   a    mortgage  to  |      Pleas  of  Chester  County. 

John  Rex. 

And  now,  April  1,  1860,  the  above-named  John  Rex 
appeared  in  Court  in  pursuance  of  the  notice  heretofore  given, 
and  by  his  answer  to  said  petition  denied  that  the  whole  amount 
of  the  money  for  which  said  mortgage  was  given  has  been  paid, 
as  is  affirmed  in  said  petition,  and  desired  that  said  matter  of 
fact  should  be  tried  by  a  jury ; — whereupon  the  Court  direct 
that  an  issue  be  formed  upon  a  wager  in  the  usual  form,  to 
determine  whether  the  whole  amount  of  money  for  which  said 
mortgage  was  given  has  been  paid,  in  which  issue  the  said  John 
Gregg  shall  be  the  plaintiif,  and  the  said  John  Rex  the  defend- 
ant ;  and  said  issue  shall  be  proceeded,  according  to  the  rules 
of  this  Court  as  in  other  cases. 


4.  Petition  to  'pay  Mortgage  Money  into  Court. 

V.  .•J27,  pi.  109.     3  April  1851,  P.  L.  871. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 


556  MORTGAGES. 

The  petition  of  John  Gregg,  Respectfully  represents, 
That  on  the  first  day  of  March,  a.  d.  one  thousand  eight  hun- 
dred and  fifty,  he  executed  and  delivered  to  John  Rex,  a  mort- 
gage on  a  messuage  and  tract  of  land  in  the  Toynship  of  Penn, 
in  said  County  of  Chester,  situate,  &;c.  (describe  the  land),  said 
mortgage  being  recorded  in  the  Recorder's  Office  of  said  county, 
in  Mortgage  Book  N,  p.  50,  to  secure  the  payment  of  a  bond 
dated  the  same  day  and  year,  in  the  penalty  of  two  thousand 
dollars,  conditioned  for  the  payment  of  one  thousand  dollars, 
with  interest,  in  one  year  from  the  date  thereof;  that  the  said 
John  Rex  claims  that  there  is  due  to  him,  under  the  said  mort- 
gage, the  sum  of  one  thousand  dollars,  and  the  petitioner  states 
as  his  objection  to  said  claim,  that  the  said  mortgage  was  given 
to  indemnify  the  said  John  Rex  against  loss  by  reason  of  his 
having  become  surety  for  the  petitioner,  in  a  bond  to  one  George 
Boyd,  for  the  payment  of  one  thousand  dollars,  which  bond  has 
been  fully  paid  and  discharged,  and  the  said  John  Rex,  there- 
fore, has  now  no  just  claim  under  said  mortgage.  The  peti- 
tioner prays  the  Court  to  allow  him  to  pay  into  Court  the  sum 
of  one  thousand  dollars,  the  amount  claimed  under  said  mort- 
gage by  the  said  John  Rex,  and  upon  the  payment  thereof  into 
Court,  to  order  and  decree  that  satisfaction  shall  be  entered 
upon  said  mortgage ;  and  further,  that  the  Court  will  proceed 
to  hear  and  determine  the  objections  to  the  payment  of  any 
part  of  the  money  in  Court,  as  to  right  and  justice  may  belong, 
and  decree  accordingly. 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


5.  Petition  to  enforce  Payme7it  or  jEntrij  of  Satisfaction  of  Lost 

Mortgage. 

p.  327,  pi.  111.     10  AprU  18i9,  P.  L.  621. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

of  Montgomery  County  : 


MORTGAGES.  657 

The  petition  of  John  Gregg,  Respectfully  represents,  That 
on  the  first  day  of  March,  A.  D.  one  thousand  eight  hundred 
and  fifty,  he  executed  and  delivered  to  John  Rex,  of  the  said 
county,  a  mortgage  on  a  certain  messuage  and  tract  of  land, 
situate  in  the  Township  of  Limerick  in  said  county  (describe 
the  land),  said  mortgage  being  recorded  in  the  Recorder's 
Office  of  said  county,  in  Mortgage  Book  M,  page  10,  to  secure 
the  payment  of  a  bond,  dated  the  same  day,  in  the  penalty  of 
two  thousand  dollars,  conditioned  for  the  payment  of  one  thou- 
sand dollars  in  one  year  from  the  date  thereof  with  interest ; 
the  petitioner  further  represents,  that  the  said  mortgage  debt 
has  not  been  paid,  that  the  said  mortgage  is  lost,  destroyed  or 
mislaid,  and  that  he  is  desirous  to  pay  off  and  satisfy  said 
mortgage,  and  to  have  satisfaction  entered  on  the  record  of 
the  same.  The  petitioner  therefore  prays,  that  due  notice  may 
be  given  in  such  manner  and  for  such  time  as  the  Court  may 
direct,  to  the  said  John  Rex,  who  is  entitled  to  the  said  mort- 
gage debt,  and  to  all  and  every  other  persons  interested  therein, 
requiring  them  to  appear  on  a  day  certain  to  be  fixed  by  the 
Court,  and  answer  this  petition,  and  that  the  Court,  having 
examined  into  the  facts  of  the  case  and  the  complaint  and 
grievance  of  the  petitioner,  will  grant  such  relief  and  make 
such  order  and  decree  therein  as  the  necessities  of  the  case 
may  in  justice  and  equity  require. (a) 

And  he  will,  &c. 

John  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


6.    Receipt    endoi'sed  on  Mortgage,  and  Order  of  Judge  for 
EntT^  of  Satisfaction. 

p.  .327,  pi.  110,     11  April  1856,  P.  L.  304. 

I,  John  Rex,  the  within-named  mortgagee,  do  acknowledge 
that  the  within  mortgage  from  John  Gregg  is  satisfied  and  dis- 

(a)  The   provisions  of  the  Act  referred  to,  are  confined  to   Philadelphia, 
Montgomery  and  Lycoming  Counties. 


558  MORTGAGES. 

charged.     Witness  my  hand  the  first  day  of  March,  A.   D.  one 
thousand  eight  hundred  and  sixty. 

Endorsed  in  the  presence  of  us,  j  John   Rex. 

William  Marshall,        V 

George  Fisher.  J 

I,  Townsend  Haines,  President  Judge  of  the  Court  of  Com- 
mon Pleas  of  Chester  County,  Do  certify,  that  I  allow  satis- 
faction to  be  entered  on  a  certain  morto-age  from  John  Greso; 
to  John  Rex,  dated  March  1,  1850,  and  recorded  in  the  Re- 
corder's Office  of  Chester  County,  in  Mortfratje  Book  M,  pafje 
50.     Witness  my  hand  March  1,  18G0. 

TowNSEND  Haines. 


7.  Petition  for  Cancelling  Forged  Mortgage. 

p.  1272,  pi.  ].     27  March  1862,  P.  L.  192. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Cbester  county  : 

Tlie  petition  of  John  Gregg,  Respectfully  represents. 
That  on  the  first  day  of  January,  A.  D.  1860,  tliere  was 
duly  recorded  in  the  Recorder's  Office  of  Chester  County,  in 
Mortgage  Book  M,  page  500,  a  mortgage,  dated  on  the  day 
above  mentioned  to  Seth  Lea,  on  a  certain  messuage  and  tract 
of  land  situate  in  the  Township  of  Penn  in  said  county,  par- 
ticularly described  in  said  mortgage,  containing  one  hundred 
acres,  more  or  less,  with  the  appertenances,  to  secure  a  bond 
therein  mentioned,  and  bearing  even  date  therewith,  conditioned 
for  the  payment  of  one  thousand  dollars  with  its  interest,  ou 
the  first  day  of  April  next ;  that  the  said  tract  of  land  belongs 
to  the  petitioner,  and  that  the  signature  "John  Gregg"  to  said 
mortgage  purports  to  be  the  signature  of  the  petitioner :  The 
petitioner  further  represents  and  alleges  that  said  signature  is 
a  forgery :  The  petitioner  therefore  prays  the  Court  to  direct 
the  Sheriff  of  said  county  to  notify  the  said  Seth  Lea  in  the 
manner  directed  by  the  Act  of  Assembly  in  such  case  made 
and  provided  to  appear  at  the  next  term  of  the  Court  to  answer 
this  petition,  and  that  upon  due  proof  being  made  that  the  said 
signature  is  a  forgery,  that  the  Court  will  decree  and  direct 


NAMES.  559 

that  said  mortgage  be  cancelled  by  the  Recorder  of  Deeds  of 
said  county  on  tlie  payment  of  the  costs  accrued  for  and  by 
reason  of  the  proceedings  in  pursuance  hereof. 

And  he  will,  &c. 

John  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


8.  Amicable  Scire  Facias  Siir  Mortgage. 

James  Wills  )    ^      ,      ^  r.  /-.  -n,  ,.  />•, 

(     In  the  Court  of  Common  Pleas  of  Chester 
V.  > 

John  Gregg,  j  *^^'^  ^* 

March  31,  1860.  It  is  agreed  that  an  amicable  Scire  Facias 
upon  a  mortgage  from  John  Gregg  to  James  Wills,  dated  March 
1,  1858,  and  recorded  in  the  Recorder's  Office  of  Chester 
County,  in  Mortgage  Book  L,  page  60,  be  entered  in  said  Court 
in  the  above  form  with  the  same  effect  as  if  a  Scire  Facias  had 
regularly  issued  and  been  returned  by  the  Sheriff  "  Scire  Feci." 
It  is  further  agreed  that  judgment  be  confessed  to  the  plaintiff 
against  the  defendant  for  the  sum  of  one  thousand  and  sixty- 
five  dollars,  the  amount  of  principal  and  interest  now  due  upon 
said  mortcfa";e. 


NAMES. 


1.  Petitio7i  to  Change. 

P.  753,  pL  1.     9  April  1852,  p.  L.  301. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester  : 

The  petition  of  James  Wills,  of  said  county,  Respectfully  re- 
presents. 

That  (set  out  the  reasons),  for  which  reasons  he  is  desirous  to 
change  his  name  to  George  Boyd.  He  therefore  respectfully 
prays  the  Court  to  make  a  decree  changing  his  name  from  James 
Wills  to  George  Boyd. 

And  he  will,  &c. 

April  30,  1860.  James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


560  NATURALIZATIOX. 

2.  Decree  of  Court  Changing^  ^e. 

P.  753,  pi.  1.     9  April  1852,  P.  L.  301. 

And  now  August  1,  1860,  The  Court  having  fullj  considered 
the  petition  of  James  Wills,  do  decree  that  the  name  of  the  said 
James  Wills  be  changed  to  George  Boyd,  and  do  further  order 
that  notice  of  this  decree  be  published  for  four  successive  weeks 
in  the  "Sun,"  and  the  "Star,"  two  newspapers  published  in 
the  said  County  of  Chester. 


NATURALIZATION. 

1.  Declaration  of  Intention. 

p.  1021,  pi.  1.     p.  1023,  pi.  9. 

State  of  Pennsylvania :   Chester  County,  ss. 

Be  it  remembered,  that  on  the  first  day  of  May, 
[Seal.]  A.  D.  1858,  personally  appeared  before  me,  James  Har- 
ris, Prothonotary  of  the  Court  of  Common  Pleas  of 
said  county,  John  Rowan,  who  is  a  free  white  person,  a  native  of 
Ireland  and  a  subject  of  the  United  Kingdoms  of  GreatBritain  and 
Ireland,  now  residing  in  the  county  and  state  aforesaid,  over  the 
age  of  twenty-one  years,  and  Avho  being  duly  sworn  according 
law,  declares  and  says,  that  it  is  bond  fide  his  intention  to  become 
a  citizen  of  the  United  States  of  America,  and  to  renounce  for  ever 
all  allegiance  and  fidelity  to  every  foreign  prince,  potentate, 
state  or  sovereignty  whatever,  and  particularly  to  the  Queen 
of  the  United  Kingdoms  of  Great  Britain  and  Ireland,  of  whom 
he  is  now  a  subject. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name, 
and  affixed  the  seal  of  the  said  county  at  West  Chester,  this 
first  day  of  March,  A.  D.  1858. 

James  Harris, 

Prothonotary. 


NATURALIZATION.  561 


2.  Petition  for  Naturalization, — and  Affidavits. 

p.  1021,  pi.  1,  I.,  II.,  III.,  IV.     P.  1023,  pi.  10. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
in  and  for  the  County  of  Chester : 

The  petition  of  John  Rowan,  Respectfully  represents,  That 
he  is  a  free  white  person  and  a  native  of  Ireland,  whence  he 
emigrated  to  the  United  States  of  America,  on  or  about  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-four,  and  arrived  at  Philadelphia  in 
the  State  of  Pennsylvania,  on  or  about  the  second  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fifty-five  (this  must  be  at  least  five  years  before  the 
application) :  That  in  pursuance  of  an  Act  of  Congress  enti- 
tled "  An  Act  to  establish  a  uniform  system  of  naturalization, 
and  to  repeal  the  Acts  heretofore  passed  on  that  subject,"  he 
made  a  declaration  of  his  intention  to  become  a  citizen  of  the 
United  States,  before  James  Harris,  Prothonotary  of  this  Court, 
on  the  first  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-eight  (it  must  be  at  least  two  years  be- 
fore application),  a  certificate  whereof  is  hereto  annexed :  That 
he  has  resided  within  the  United  States  for  more  than  five  years, 
and  for  more  than  one  year  in  the  State  of  Pennsylvania:  That 
he  has  never  borne  any  hereditary  title  or  been  of  any  of  the 
orders  of  nobility  in  the  kingdom  from  which  he  came,  and  if 
any  such  should  by  any  means  descend  to  him,  he  does  hereby 
renounce  the  same : 

Your  petitioner  therefore  prays  the  Court  to  admit  him  to 
become  a  citizen  of  the  United  States  upon  making  the  proofs 
required  and  taking  the  oath  prescribed  by  the  Act  of  Congress. 

And  he  will,  &c. 

John  Rowan. 

Chester  county,  ss. 

James  Wills,  a  citizen  of  the  L^nited  States,  being  sworn  ac- 
cording to  law  says,  that  he  is  well  acquainted  with  John  Rowan, 
the  within-named   petitioner,  that  the  petitioner  has  resided 

within  the  United  States  for  more  than  five  years,  and  for  more 
36 


562  NATURALIZATION. 

than  one  year  within  the  State  of  Pennsylvania ;  that  during 
that  time  he  has  behaved  himself  as  a  man  of  good  moral  char- 
acter, attached  to  the  principles  of  the  Constitution  of  the 
United  States,  and  well  disposed  towards  the  good  order  and 
happiness  of  the  same. 

Sworn  and  subscribed  in  open  Court,  ^  James  Wills. 

the  first  day  of  May,  A.  D.  1860.     f 
James  Harris,  C 

Prothonotai'y.      ^ 

Chester  county,  ss. 

John  Rowan,  the  within-named  petitioner,  being  sworn  accord- 
ing to  law,  declares  and  says,  that  the  statements  in  the  within 
petition  are  true ;  that  he  will  support  the  Constitution  of  the 
United  States,  and  that  he  does  absolutely  and  entirely  renounce 
and  abjure  all  allegiance  and  fidelity  to  every  foreign  prince, 
potentate,  state  or  sovereignty  whatever,  and  particularly  to 
the  Queen  of  the  United  Kingdoms  of  Great  Britain  and  Ire- 
land, of  whom  he  was  heretofore  a  subject. 

Sworn  and  subscribed  in  open  Court,  .  John  Rowan. 

this  first  day  of  May,  A.  d.  1860.    I 
James  Harris,  [ 

Prothonotary.      -^ 


3.    Where  Applicant  came  into  Country/  a  Minor. 

Pp.  1021,  1022,  pi.  1,  .S. 

The  petition  of  George  Rowan,  Respectfully  represents, 
That  he  is  a  free  white  person  and  an  alien,  that  he  arrived 
in  the  United  States  before  the  year  one  thousand  eight  hun- 
dred and  fifty-four,  being  then  under  the  age  of  eighteen  years  : 
that  he  has  now  arrived  at  the  age  of  twenty-one  years,  and  has 
resided  in  the  United  States  three  years,  next  preceding  his 
arriving  at  said  age,  and  has  continued  to  reside  therein  to  the 
time  of  his  making  this  application  to  be  admitted  a  citizen 
thereof:  that  he  has  resided  in  the  United  States  five  years, 


NATURALIZATION.  663 

including  the  three  years  of  his  minority,  and  one  year  in  the 
State  of  Pennsylvania ;  that  for  three  years  next  preceding 
this  application,  it  has  been  bond  fide  his  intention  to  become 
a  citizen  of  the  United  States,  and  to  renounce  for  ever  all  alle- 
giance and  fidelity  to  every  foreign  prince,  potentate,  state  or 
sovereignty  whatever,  and  particularly  to  the  Queen  of  the 
United  Kingdoms  of  Great  Britain  and  Ireland,  of  whom  he 
is  a  subject:  that  he  has  never  borne  any  hereditary  title  or 
been  of  any  of  the  orders  of  nobility  in  the  kingdom  from 
which  he  came,  and  if  any  such  title  or  order  of  nobility  should 
come  to  him  he  hereby  expressly  renounces  the  same :  He 
therefore  prays  the  Court,  to  admit  him  to  become  a  citizen  of 
the  United  States,  upon  making  the  proof  and  taking  the  oath 
required  by  the  Act  of  Congress. 

And  he  will,  &c. 
George  Rowan. 

Chester  county,  8S. 

James  Wills,  a  citizen  of  the  United  States,  being  duly  SAvorn 
according  to  law,  says,  that  he  is  well  acquainted  with  George 
Rowan,  the  within-named  petitioner  ;  that  for  three  years  next 
preceding  this  application,  it  has  been  bond  fide  the  intention 
of  the  petitioner  to  become  a  citizen  of  the  United  States  ; 
that  to  his  knowledge  the  petitioner  has  resided  within  the 
United  States  five  years  including  the  three  years  of  his 
minority,  and  one  year  in  the  State  of  Pennsylvania ;  that 
during  the  whole  of  said  period  he  has  behaved  himself  as  a 
man  of  good  moral  character,  attached  to  the  principles  of  the 
Constitution  of  the  United  States,  and  well  disposed  towards 
the  good  order  and  happiness  of  the  same. 

Sworn  and  subscribed  in  open  Court,  James  Wills. 

this  first  day  of  May,  A.  D.  1860.     f 
James  Harris,  [ 

Prothonotary.      ^ 

Chester  County,  ss. 

George  Rowan,  the  within-named  petitioner,  being  sworn 


564 


OFFICES. 


according  to  law,  says,  that  the  statements  contained  in  his 
petition  are  true,  that  he  will  support  the  Constitution  of  the 
United   States,   and  that  he  does  absolutely  and  entirely  re- 
nounce and  abjure  all  allegiance  to  every  foreign  prince,  poten- 
tate, state  or  sovereignty  whatever,  and  particularly   to   the 
Queen  of  the  United  Kingdoms  of  Great  Britain  and  Ireland, 
of  whom  he  was  heretofore  a  subject. 
Sworn  and  subscribed  in  open  ^ 
Court,  this  first  day  of  May, 
A.  D.  1860. 

James  Harris, 
Prothonotary. 


George  Rowan. 


OFFICES. 


1.  Petition  for  Citation  to  give  Further  Security^  ^-c. 

p.  762,  pi.  15.     21  April  1846,  P.  L.  4.32. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 
That  John  Gregg  was  duly  elected,  commissioned  and  quali- 
fied Prothonotary  of  the  Court  of  Common  Pleas  (or  as  the 
ofiice  may  be),  of  said  County  of  Chester  and  entered  upon  the 
duties  of  his  office  on  the  first  day  of  December  last ;  that  pre- 
viously thereto  he  gave  a  bond  to  the  Commonwealth,  with  Seth 
Jones  and  Abel  Lea  as  his  sureties,  in  the  sum  of  ten  thousand 
dollars,  conditioned  according  to  law ;  that  since  the  execution 
and  approval  of  said  bond,  the  said  John  Gregg  has  become 
liable  for  neglect  of  duty  (or  as  the  case  may  be,  setting  out 
the  particulars  of  the  cause  of  complaint),  and  that  by  reason 
thereof  the  said  John  Gregg,  and  the  said  Seth  Jones  and  Abel 


OFFICES.  565 

Lea  are  not  wortli  the  amount  of  the  penalty  of  said  bond  (or 
as  the  case  may  be).  The  petitioner  therefore  prays  the  Court 
to  award  a  citation  directed  to  the  said  John  Gregg  and  the  said 
Seth  Jones  and  Abel  Lea,  commanding  them  to  appear  at  the 
next  term  of  this  Court  to  answer  the  matters  alleged  in  this 
petition,  and  show  cause  why  the  said  John  Gregg  shall  not  give 
other  and  further  security. 

And  he  will,  &c. 

James  Wills. 

(AflSdavit  of  truth  of  petition  to  be  appended.) 


2.  Decree  of  Court  as  to  further  Security. 

p.  762,  pi.  15.     21  April  1846,  P.  L.  432. 

In  the  Matter  op  the  Citation  to  ^  In  the  Court  of  Com- 
JoHN  Gregg,  Prothonotary,  et  at,  >  mon  Pleas  of  Ches- 
to  give  further  Security,  &c.  J       ter  County. 

And  now,  May  1, 1860.  On  the  return  of  the  citation  in  this 
case,  it  appearing  to  the  Court,  that  the  same  had  been  duly 
served  on  the  said  John  Gregg,  Seth  Jones  and  Abel  Lea,  and 
the  Court  having  heard  the  said  parties,  and  examined  the  facts 
of  the  case,  and  being  satisfied  that  the  said  Seth  Jones  and 
Abel  Lea,  sureties  of  said  John  Gregg,  have  become  liable  for 
neglect  of  duty  (or  as  the  case  may  be,  setting  out  the  par- 
ticulars), do  order  and  direct  that  the  said  John  Gregg  shall, 
within  thirty  days,  enter  into  a  new  bond  to  the  Commonwealth, 
in  the  sum  of  ten  thousand  dollars,  conditioned  according  to 
law,  with  sureties  to  be  approved  by  the  Court,  or  two  Judges 
thereof,  in  lieu  of  the  former  bond  given  by  the  said  John 
Gregg,  with  the  said  Seth  Jones  and  Abel  Lea  as  his  sureties. 


566  OFFICES. 

3.  Discharge  of  Original  Sureties  on  further  Security  given. 

P.  762,  pi.  15.     P.  815,  pi.  71.     P.  891,  pi.  3,  III.     21  April  1846,  P.  L.  432.     14 
April  1834,  P.  L.  355.     12  March  1791,  3  Sm.  L.  8. 

In  the  Matter  of  the  Citation  to  "^  In  the  Court  of  Com- 
JoHN  Gregg,  Prothonotary,  et  ah,  V  mon  Pleas  of  Ches- 
to  give  Security,  &c.  J       ter  County. 

And  now,  July  30,  1860,  John  Gregg,  above  named,  having 
entered  into  bond  to  the  Commonwealth,  in  the  sum  of  ten  thou- 
sand dollars,  with  James  Robb  and  George  Boyd  as  his  sureties, 
who  are  approved  by  the  Court,  conditioned  for  the  faithful 
execution  of  the  duties  of  his  office  as  Prothonotary,  and  for 
the  performance  of  the  other  duties  directed  by  the  Act  of 
Assembly  in  such  case  made  and  provided,  the  said  Seth  Jones 
and  Abel  Lea  are  discharged  from  all  responsibility  as  sureties 
for  the  said  John  Gregg,  as  Prothonotary  aforesaid.  And  it  is 
ordered  that  the  said  bond  shall  be  recorded  in  the  Recorder's 
Office  of  said  county,  and  by  him  transmitted  to  the  Secretary 
of  the  Commonwealth. 


4.  Proceedings  on  Refusal  to  give  further  Security. 

p.  762,  pi.  15.     21  April  1846,  P.  L.  432. 

In  THE  Matter  of  the  Citation  to  "~|  In  the  Court  of  Com- 
JoHN  Gregg,  Prothonotary,  et  al.,  >  mon  Pleas  of  Ches- 
to  give  Security,  &c.  J       ter  County. 

And  now,  August  1,  1860,  The  said  John  Gregg  having 
neglected  and  refused  to  give  other  security  as  directed  by  the 
order  of  this  Court,  of  May  1,  1860 ;  the  Court  direct  that  the 
exemplification  of  the  proceedings  in  the  premises  be  transmit- 
ted to  the  Governor  of  this  Commonwealth. 


PARTITION. 


667 


5.    Order  for  Issue  on  Petition  for  further  Security. 


p.  617,  pi.  12. 


In  the  Court  of  Com- 
mon Pleas  of  Chester 
County. 


In  the  Matter  of  the  Citation  to 

John  Gregg,  Prothonotarj,  et  al, 

to  give  Security,  &c. 

On  the  petition  of  James  Wills. 

And  now,  May  1,  1860,  On  the  return  of  the  citation  in 
this  case,  the  said  John  Gregg,  Seth  Jones  and  Abel  Lea 
having  appeared  in  obedience  to  the  commands  thereof,  the 
Court  at  the  request  of  the  said  John  Gregg  (or  his  sureties, 
as  the  case  may  be),  direct  that  an  issue  be  made  upon  a  wager 
in  the  usual  form,  to  try  the  facts  set  forth  in  the  petition  of 
the  said  James  Wills,  viz.  (set  out  the  facts),  in  which  issue 
the  said  James  Wills  shall  be  the  plaintiff,  and  the  said  John 
Gregg  (or  the  sureties,  as  the  case  may  be),  shall  be  the  de- 
fendant, and  that  said  issue  shall  be  tried  by  a  jury  without 
delay. 


P.  770,  pi.  6.     P.  772,  pi.  12. 


PARTITION. 

1.  Precipe. 

7  April  1807,4  Sm.  L.  3^ 
L.  .353. 


James  Wills 


5  February  1821,  7  Sm. 


In  the  Court  of  Com- 
mon Pleas  of  Chester 
County. 


John  Gregg,  Enoch  Rex,  Seth 
Jones,  a  minor  above  the  age  of 
fourteen  years,  and  Sarah  Jones, 
a  minor  under  the  age  of  fourteen 
years. 

Issue  summons  against  the  defendants,  to  answer  the  plain- 
tiff of  a  plea  wherefore,  whereas  the  said  James  Wills,  John 
Gregg,  Enoch  Rex,  Seth  Jones,  a  minor    above  the  age  of 


568  PARTITION. 

fourteen  years,  and  Sarah  Jones,  a  minor  under  the  age  of 
fourteen  years,  hokl  together  and  undivided,  a  certain  mes- 
suage and  tract  of  Land,  &c.  (describing  it),  of  which  they,  the 
said  John  Gregg,  deny  partition  to  be  made  between  them,  ac- 
cording to  the  form  of  the  Act  of  Assembly  in  such  case  made 
and  provided,  and  unjustly  permit  the  same  not  to  be  done, 
contrary,  &c.,  returnable  to  next  term. 

Yours,  &c. 
William  Marshall, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary. 
April  1,  1860. 


2.  Declaration. 


P.  770,  pi.  6.     P.  772,  pi.  12.     7  April  1807,  4  Sm.  L.  398.     5  February  1821,  7  am. 

L.  353. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  May 
Term,  1860.     No.  10. 
Chester  county,  ss. 

John  Gregg,  Enoch  Rex  and  Seth  Jones  and  Sarah  Jones, 
minors,  all  late  of  said  county,  were  summoned  to  answer 
James  Wills  of  a  plea  wherefore,  whereas  the  said  James, 
John,  Enoch,  Seth  and  Sarah,  hold  together  and  undivided,  a 
certain  messuage  and  tract  of  land,  kc.  (describing  them),  of 
which  the  said  John,  Enoch,  Seth  and  Sarah,  deny  partition  to 
be  made  between  them,  according  to  the  form  of  the  Act  of 
Assembly  in  such  case  made  and  provided,  and  unjustly  permit 
the  same  not  to  be  done,  contrary  to  the  form  of  the  said  Act ; 
and  therefore  the  said  James,  by  William  Marshall  his  at- 
torney, says,  that  whereas  he  and  the  said  John,  Enoch,  Seth 
and  Sarah,  hold  together  and  undivided,  the  messuage  and 
tract  of  land  aforesaid,  with  the  appertenances,  two  eighth 
parts  whereof  the  whole  into  eight  equal  parts  to  be  divided 
with  the  appertenances,  belong  to  the  said  James  to  hold  to 
him  and  his  heirs  for  ever ;  two  other  eighth  parts  whereof  the 
whole  to  be  divided  as  aforesaid,  with  the  appertenances,  be- 


PARTITION.  569 

long  to  the  said  John,  to  hold  to  him  and  his  heirs  for  ever ;  two 
other  eighth  parts  whereof  the  whole  to  be  divided  as  aforesaid 
with  the  appertenances,  belong  to  the  said  Enoch  to  hold  to 
him  and  his  heirs  for  ever ;  one  other  eighth  part  whereof  the 
whole  to  be  divided  as  aforesaid  with  the  appertenances,  belongs 
to  the  said  Seth,  to  hold  to  him  and  his  heirs  for  ever,  and  one 
other  eighth  part  whereof  the  whole  to  be  divided  as  aforesaid 
with  the  appertenances  belongs  to  the  said  Sarah,  to  hold  to 
her  and  her  heirs  for  ever ;  To  be  held  by  them  in  severalty,  so 
that  the  said  James  of  his  two  eighth  parts  thereof,  the  said 
John  of  his  two  eighth  parts  thereof,  the  said  Enoch  of  his  two 
eighth  parts  thereof,  the  said  Seth  of  his  one  eighth  part  thereof, 
and  the  said  Sarah  of  her  one  eighth  part  thereof,  to  them  re- 
spectively happening,  may  severally  apportion  themselves ;  they 
the  said  John,  Enoch,  Seth  and  Sarah,  partition  thereof  be- 
tween them,  according  to  the  laws  of  this  Commonwealth  of 
Pennsylvania  to  be  made  do  not  permit,  very  unjustly  and  con- 
trary to  the  same  laws :  Whereupon  the  said  James  says,  that 
he  is  worse  and  has  damage  to  the  value  of  one  hundred  dol- 
lars, and  therefore  he  brings  suit. 

William  Marshall, 

For  Plaintiff. 


3.  Judgment. 

P.  770,  pi.  6.  P.  772,  pi.  12.  7  April  1S07,  4  Sm.  L.  398.  5  February  1821,  7  Sm. 

L.  .35.3. 


James  Wills 

V. 


In  the  Court  of  Common  Pleas 

7^         ^  "' T7  T>  of  Chester  County. 

John   Gregg,    Enoch    Rex,  V  ^^  ,^      ^        ,^,X     ^^    . 
1  Q         -  1  o  Of  May  Term,  18G0.    No.  10. 

and  Sethj  ONES  and  Sarah  _,      /.  ' 

T  ,,^^       •  Partition. 

JONES,  minors.  J 

And  now.  May  1,  1860,  It  appearing  to  the  Court  here  by 
the  return  of  the  Sheriff,  that  service  and  notice  of  the  writ  in 
the  above  case  has  been  made  and  given  in  conformity  with 
law,  and  the  said  parties  having  appeared  (or  "  default  having 


570  PARTITION. 

been  male  by  the  defendants"),  tbe  Court  proceeded  to  ex- 
amine the  title  and  quantity  of  the  parts  and  purparts  of 
the  respective  defendants  as  well  as  the  plaintiifs,  and  there- 
upon do  give  judgment  that  partition  be  made  of  the  premises 
mentioned  in  said  writ  and  declaration,  according  to  the  rights 
of  the  parties  set  out  in  the  declaration,  and  do  award  a  writ 
to  make  partition,  whereby  said  purparts  shall  be  set  out  in 
severalty. 


4.  ApiJlication  of  Defendants  to  set  out  Plaintiff's  Share  only. 

p.  772,  pi.  12.     5  February  1821,  7  Sm.  L.  353. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  May  Term,  1860.    No.  10. 

Partition. 


James  Wills 

V. 

John  Gregg,  Enoch  Rex, 
and  Seth  Jones  and  Sarah 
Jones,  minors. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common 
Pleas  of  Chester  County  aforesaid : 

The  undersigned,  defendants  in  the  above  case,  hereby  de- 
clare their  wish  that  their  interest  in  the  premises,  whereof 
the  plaintiff  seeks  partition  in  the  above  suit,  may  remain 
undivided. 

Witness  the  hands  of  said  defendants,  this  thirteenth  day  of 
April,  A.  D.  1860. 

John  Gregg, 
Enoch  Rex, 

Seth  Jones, 
Sarah  Jones, 
By  their  Guardian,  Job  Mann. 


PAKTITION. 


571 


5.  Judgment  to  set  out  Plaintiff's  Share. 

p.  770,  pi.  6.  P.  772,  pi.  12.  7  April  1807,  4  Sm.  L.  393.  5  February  1821,  7  Srn. 

L.  353. 


James  Wills 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  May  Term,  1860.    No.  10. 
Partition 


John  Gregg,  Enoch  Rex, 
and  Seth  Jones  and  Sarah 
Jones,  minors. 

And  now,  May  1,  1860,  It  appearing  to  the  Court  here,  hy 
the  return  of  the  Sheriff,  that  service  and  notice  of  the  writ  in 
the  above  case,  has  been  made  and  given  in  conformity  with 
law,  and  the  said  parties  having  appeared  (or, — "  default  hav 
ing  been  made  by  the  defendants"),  and  the  defendants  having, 
by  writing  filed,  declared  their  wish  that  their  interest  in  the 
premises,  whereof  the  plaintiff  seeks  partition  in  the  above  case, 
may  remain  undivided,  the  Court  proceeded  to  examine  the 
plaintiff's  title  and  quantity  of  his  part  or  purpart,  and  do  give 
judgment  that  he  shall  have  partition  of  the  same  according  to 
his  right,  as  set  out  in  the  declaration  in  this  case,  and  award 
a  writ  to  make  partition  whereby  his  proportion  or  purpart 
shall  be  set  out  in  severalty. 


6.  Precijye  for  Writ  de  Partitione  Faciendd. 


James  Wills 

V. 

John  Gregg,  Enoch  Rex, 
and  Seth  Jones  and  Sarah 
Jones,  minors,  who  have  Job 
Mann  for  their  guardian, 
pendente  lite. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
See  Judgment  in    Partition. 

No.   10.     To   May  Term, 

1860. 
Judgment  Docket  K,  p.  50. 


572  PARTITION. 

Issue  writ  de  partitione  faciendd  on  the  above  judgment. 
Returnable  to  next  term. 

Yours,  &c. 
William  Marshall, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary. 
May  1,  1860. 


7.  Judgment  of  Partition  only  for  Parties  Appearing. 

P.  772,  pi.  13.     25  April  1850,  P.  L.  571. 


James  Wills  "1 

V. 


In  the  Court  of  Common  Pleas 
of  Chester  County. 
John    Gregg,    Enoch    Rex,  V  Of  May  Term,  1860.     No. 

and  Seth  Jones  and  Sarah  10. 

Jones,  minors.  J   Partition. 

And  now,  May  1,  1860,  It  appearing  to  the  Court  here,  by 
the  return  of  the  Sheriff,  that  service  and  notice  of  the  writ  in 
the  above  case  has  been  made  and  given  in  conformity  to  law, 
and  the  said  James  Wills,  John  Greo-jr  and  Enoch  Rex,  havinor 
appeared  and  default  being  made  by  the  said  Seth  Jones  and 
Sarah  Jones,  the  Court  proceeded  to  examine  the  title  and 
quantity  of  the  parts,  and  purparts  of  the  said  James  Wills, 
John  Gregg  and  Enoch  Rex,  in  the  premises  mentioned  in  the 
wi'it  and  declaration  in  this  case.  And  thereupon  the  Court  do 
give  jmlgment  that  the  shares  of  the  said  James  Wills,  John 
Gregg  and  Enoch  Rex,  according  to  their  respective  rights,  as 
set  out  in  the  said  declaration,  be  allotted  to  them,  and  do 
award  a  writ  to  make  partition  whereby  the  proportions  or  pur- 
parts of  the  said  James  Wills,  John  Gregg  and  Enoch  Rex, 
shall  be  set  out  in  severalty :  And  it  is  further  considered  by 
the  Court,  that  the  residue  of  said  premises  may  remain  for 
the  persons  entitled  thereto  and  subject  to  a  further  partition 
amono;  them. 


PARTITION.  573 

8.  Affidavit  as  to  Unknown  Parties. 

p.  773,  pi.  19.     25  April  1850,  P.  L.  571, 

-.  „^  ..   In  the  Court  of  Common  Pleas 

James  Wills  )        ,-  r^^     .     r^      . 

[       01  Chester  County. 

"• ,  ^  „        (Of  May  Term,  1860.    No.  10. 

John  Gkegg  and  Enoch  Rex.  )  ^     ..-^ 

-'  rartition. 

Chester  county,  ss. 

James  Wills,  the  plaintiff  above  named,  being  duly  sworn 
says,  that  one  undivided  half  part  of  the  premises  mentioned 
in  the  writ  of  partition  in  the  above  case,  was  owned  by  the 
heirs  of  a  certain  George  Fox,  who  removed  to  the  State  of 
Illinois  many  years  ago,  and  has  since  died  seised  of  said  pre- 
mises, as  the  defendant  believes,  and  that  the  same  are  now 
owned  by  his  heirs  at  law,  or  their  devisees  or  alienees,  and 
that  the  names  and  residence  of  said  heirs,  devisees  or  alienees 
are  unknown  to  the  deponent. 

Sworn  and  subscribed,  in  open .  James  Wills. 

Court,  May  1,  1860,  before   I 
James  Davis,  f 

Prothonotary.      ^ 


9.  Decree  of  Publication  to  Parties  Unknown. 

p.  773,  pi.  19.     25  April  1850,  P.  L.  571. 

-r  ,Tr  -.  In  the  Court  of  Common  Pleas 

James  Wills  )        c  ^^^    .     r^      . 

f       01  Chester  County. 

r         n  ^*j  -17  T>        I  Of  May  Term,  1860.   No.  10. 

John  Gregg  and  Enoch  Rex.  I  ^     .  .-^  ' 

■^  Partition. 

And  now,  May  1,  1860,  It  appearing  to  the  Court  by  the 
oath  of  James  Wills,  the  plaintiff  in  this  case,  that  the  names 
and  residences  of  parties  interested  in  the  premises  mentioned 
in  the  writ  and  declaration,  as  owners  of  one  undivided  half 
part  of  the  same,  are  unknown  to  him,  the  Court,  on  motion  of 


574  PARTITION. 

William  Marshall,  Esquire,  of  counsel  with  the  plaintiff,  direct 
notice  to  be  given  to  said  parties  by  publication,  once  a  week 
for  six  successive  weeks,  before  the  first  day  of  the  next  term 
of  this  Court,  in  the  "  Chicago  Times,"  a  newspaper  published 
in  the  City  of  Chicago  and  State  of  Illinois,  and  in  the  "  Press," 
a  newspaper  published  in  the  City  of  Philadelphia,  and  State 
of  Pennsylvania. 


1 


10.  Suggestmi  of  Name  of  Alienee  as  Party. 

P.  773.{a) 

T      ,,  ,   T  Ti-         ^  In  the  Court  of  Common  Pleas 

Job  Mann  and  James  \\  ills  |        „  ,„  ^, 

(       01  Chester  County. 

^'*  -r  (Of  May  Term,  1860.    No.  10. 

Enoch  Rex  and  Seth  Jones.  )  -^     .  / 

^  Partition. 

And  now.  May  10,  1860,  Abel  Lea,  by  his  Attorney,  David 
Bond,  comes  and  gives  the  Court  to  understand  and  be  informed, 
that  since  the  issuing  of  the  writ  of  summons  in  the  above  case, 
James  Wills,  one  of  the  above-named  plaintiffs,  has  granted  and 
conveyed  to  the  said  Abel  Lea,  all  his  right,  title  and  interest 
in,  to  and  out  of  the  premises  mentioned  and  described  in  the 
writ  and  declaration  in  this  case.  Whereupon,  on  motion  of 
said  David  Bond,  it  is  ordered  by  the  Court,  that  the  name  of 
the  said  James  Wills  be  withdrawn  from  the  record  of  this  suit, 
and  the  said  Abel  Lea  substituted  as  plaintiff  in  his  place  and 
stead. 


11.  Order  for  Rule  to  Accept. 


p.  773,  pL  21,  23.     P.  774,  pi.  26.     11  March  1799,  3  Sm.  L.  387.     7  April  1807,  4 
Sm.  L.  400.     5  May  1841,  P.  L.  353. 


James  Wills 

V. 

John  Gregg  and 
Enoch  Rex. 


In  the  Court  of  Common  Pleas  of  Chester 

County. 
Of  August  Term,  1860.     No.  1. 
Breve  de  partitiojie  faciendd. 
And  now,  August  1,  1860,  The  said  writ  having  been  returned 
(a)   See  M'Clure  v.  M'Clure,  1  Phila.  Rep.  117. 


PARTITION.  675 


by  tlie  Sheriff,  and  the  return  thereof  approved  by  the  Court, 
on  motion  of  David  Bond,  Esquire,  of  counsel  with  the  plaintiff, 
the  Court  grant  a  rule  on  all  persons  interested  in  said  case, 
to  come  into  Court  on  the  tenth  day  of  September  next,  to 
accept  or  refuse  the  estate  mentioned  in  the  said  writ,  at  the 
appraised  value  thereof. 


John  Gregg  and 
Enoch  Rex. 


12.  Decree  upon  Acceptance. 

p.  773,  pi.  21,  23.  p.  774,  pi.  26.     11  March  1799,  3  Sm.  L.  387.     7  April  1807,  4  Sm.  L. 
400.     5  May  1841,  P.  L.  353. 

James  Wills     "]  In  the  Court  of  Common  Pleas  of  Chester 
V.  [      County. 

Of  August  Term,  1860.     No.  1. 
Breve  de  partitione  faciendd. 

And  now,  September  10,  1860,  Due  proof  having  been  made 
of  the  service  of  the  rule,  on  all  parties  interested  in  this  case, 
and  Enoch  Rex,  the  party  entitled  to  a  choice  of  the  premises 
in  said  writ  mentioned,  not  coming  into  Court  in  person,  or 
by  attorney,  a  record  thereof  is  made,  and  the  Court  direct 
the  premises  to  be  offered  to  the  said  James  Wills  (the  next 
in  succession,  according  to  the  date  of  his  title),  who  elected  to 
take  the  same  at  the  appraised  value  thereof,  to  wit,  the  sum 
of  three  thousand  dollars,  whereupon  the  same  are  adjudged  to 
him,  he  entering  into  recognisance  to  the  Commonwealth  of 
Pennsylvania,  with  Abel  Lea  and  Seth  Jones  as  his  sureties, 
who  are  approved  by  the  Court,  in  the  sum  of  four  thousand 
dollars,  conditioned  for  the  payment  to  the  other  parties  of 
tlieir  proportions  of  the  appraised  value  of  said  premises,  ac- 
cording to  their  respective  rights,  in  one  year  from  this  day, 
with  interest.  And  the  Sheriff  is  directed  to  make  and  execute 
to  the  said  James  Wills  a  conveyance  of  said  premises,  subject 
nevertheless  to  a  lien  thereon  in  favor  of  the  others  of  the  said 
parties,  until  payment  be  made  to  them  of  their  respective 
shares  of  the  aforesaid  valuation  money. 


576  PARTITION, 

13.    Order  to  Sell  after  Non-acceptance, 

P.  773,  pi.  21,  23,  p.  774,  pi.  26.    11  March  1799,  3  Sm.  L.  387.     7  April  1807,  4  Sm.  L. 
400.     5  May  1841,  P.  L.  353. 

James  Wills      "]  In  the  Court  of  Common  Pleas  of  Chester 
V.  !       County. 

John  Gregg  and    [Of  August  Term,  1860.     No.  1. 

Enoch  Rex.       J  Breve  de  partitione  faciendd. 

And  now,  September  10,  1860,  Due  proof  of  the  service  of 
the  rule  in  this  case  having  been  made,  and  none  of  the  said 
parties  agreeing  to  take  the  premises  in  said  writ  mentioned,  at 
the^appraised  value  thereof,  of  which  a  record  is  made  at  the 
instance  of  the  said  James  Wills,  the  plaintiff,  by  his  attorney, 
David  Bond,  Esquire ; — the  Court  make  an  order  for  the  sale 
of  the  said  premises  at  public  auction,  by  the  Sheriff  of  the 
County  of  Chester,  he  having  first  given  notice  thereof  accord- 
ing to  the  provisions  of  the  Act  of  Assembly  in  such  case  made 
and  provided. 


James  Wills 

V. 


14.  Petition  for  Deed  on  Death  of  Sheriff,  ^c. 

p.  774,  pi.  31.     29  March  1824,  8  Sm.  L.  287. 

In  the  Court  of  Common  Pleas  of  Chester 

County. 

T         ^  ■"  1     ;>  Of  November  Term,  1860.     No.  1. 

John  Gregg  and     f       ,  ,,    n      ,  7  .  .       /.    . 

^  T,  Order  to  sell  after  oreve  de  partitione  faci- 

Enocu  Rex.  ,  r  j 

J       en  da. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Abel  Lea,  Respectfully  represents, 
That  by  virtue  of  the  above-stated  order  of  sale,  the  premises 
mentioned  therein  were  exposed  to  sale  at  public  auction  on  the 
first  day  of  October  last,  by  Jesse  John,  Sheriff  of  said  county, 
and  were  sold  to  the  petitioner  for  the  sum  of  two  thousand 
dollars,  of  which  he  paid  the  sum  of  one  hundred  dollars,  and 
entered  into  bond  with  security  to  the  satisfaction  of  the  Sheriff, 
for  the  payment  of  the  balance,  on  the  first  day  of  the  present 


PARTITION.  577 

month  of  November  (set  out  the  facts  as  they  may  be) ;  that 
since  the  said  sale,  the  said  Sheriff  has  died  (or  as  the  case  may 
be),  without  having  executed  and  acknowledged  any  deed  for 
the  same  to  the  petitioner :  He  therefore  prays  the  Court  to 
order  and  direct  Robert  Keim,  Esquire,  Sheriff  of  said  county, 
to  perfect  said  title  and  execute  a  deed  to  the  petitioner  as  pur- 
chaser aforesaid. 

And  he  will,  &c. 

Abel  Lea. 
(AflSdavit  of  truth  of  petition  to  be  appended.) 


James  Wills 

V. 

John   Gregg  and 
Enoch  Rex. 


15.  Order  to  Present  Sheriff  to  Perfect  Title. 

p.  774,  pi.  31.     29  March  1824,  8  Sm.  L.  287. 

In  the  Court  of  Common  Pleas  of  Chester 
County. 
y  Of  November  Term,  1860.     No.  1. 
Order   to    sell   after  breve   de  partitione 
faciendd. 

And  now,  November  6,  1860,  Upon  the  petition  of  Abel  Lea, 
and  it  appearing  just  and  equitable,  the  Court  order  and  direct 
Robert  Keim,  Esquire,  Sheriff  of  said  County  of  Chester,  to 
perfect  the  title  of  the  said  Abel  Lea,  to  the  premises  sold  under 
the  above  order  by  Jesse  John,  late  Sheriff  of  said  county,  and 
to  execute  a  deed  therefor  to  the  said  Abel  Lea,  upon  the  full 
discharge  and  payment  by  him  of  the  money  and  price  for  which 
said  premises  were  sold  as  aforesaid,  with  such  costs  and  charges 
as  remain  unpaid,  to  the  said  Jesse  John. 


16.  Declaration  in  Case  of  Life  Estate. 

p.  774,  pi.  33.     11  April  1835,  P.  L.  199. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  May 
Term,  1860.     No.  10. 
Chester  county,  ss. 

John  Gregg  and  Enoch  Rex,  both  late  of  said  county,  were 
37 


578  PARTITION. 

summoned  to  answer  James  Wills  of  a  plea,  "Wherefore,  whereas 
the  said  James  Wills  and  the  said  John  Gregg,  hold  together 
and  undivided,  a  certain  messuage  and  tract  of  land,  &c. 
(describing  them),  the  said  Enoch  Rex  being  the  holder  of  an 
estate  in  the  same,  for  and  during  the  term  of  his  life,  of  which 
the  said  John  and  Enoch  deny  partition  to  be  made  between 
them,  the  said  James  and  John,  according  to  the  form  of  the 
Act  of  Assembly  in  such  case  made  and  provided,  and  unjustly 
permit  the  same  not  to  be  done,  contrary  to  the  form  of  the 
said  act :  And  thereupon  the  said  James,  by  William  Marshall 
his  attorney,  says,  that  whereas  he  and  the  said  John  hold 
together  and  undivided,  subject  to  the  life  estate  of  the  said 
Enoch  as  aforesaid,  the  said  messuage  and  tract  of  land  with  the 
appertenances,  one  moiety  or  half  part  thereof  the  whole  into 
two  equal  parts  to  be  divided  with  the  appertenances,  belongs 
to  the  said  James  to  hold  to  him  and  his  heirs  for  ever,  subject 
as  aforesaid,  and  the  other  moiety  or  half  part  thereof  the  whole 
into  two  equal  parts  to  be  divided,  belongs  to  the  said  John  to 
hold  to  him  and  his  heirs  for  ever,  subject  as  aforesaid,  to  be 
held  by  them  in  severalty,  so  that  the  said  James  of  his  one 
n!oiety  or  half  part  thereof,  and  the  said  John  of  his  one  moiety 
or  half  part  thereof,  to  them  respectively  happening,  subject  as 
aforesaid,  may  severally  apportion  themselves,  they  the  said 
John  and  Enoch,  partition  thereof  between  the  said  James  and 
John,  according  to  the  laws  of  the  Commonwealth  of  Pennsyl- 
vania, to  be  made  do  not  permit,  very  unjustly  and  contrary  to 
the  same  laws : 

Whereupon  the  said  James  says  that  he  is  worse,  and  has 
damage  to  the  value  of  one  hundred  dollars,  and  therefore  he 
brings  suit. 

William  Marshall, 

For  Plaintiff. 


PARTITION.  579 


17.  Acceptance  and  Decree  in  case  of  Life  Estate. 

p.  774,  pi.  33.     11  April  1835,  P.  L.  199, 

James  Wills    >.  In  the  Court  of  Common  Pleas  of  Chester 
V.  \       County. 

John  Gregg  and  C  Of  August  Term,  1860.     No.  1. 

Enoch  Rex.         Breve  de  partitione  faciendd. 

And  now,  September  10,  1860,  Due  proof  having  been  made 
of  the  service  of  the  rule  on  all  the  parties  interested  in  this 
case  to  come  into  Court  and  accept  or  refuse  the  premises  in 
said  writ  described,  and  James  Wills,  the  party  entitled  to  a 
choice,  having  come  into  Court  in  person,  and  elected  to  take 
said  premises  at  the  valuation  thereof,  to  wit,  the  sum  of  two 
thousand  dollars,  the  same  are  thereupon  adjudged  to  him,  he 
entering  into  recognisance  to  the  Commonwealth,  with  Abel 
Lea  and  Seth  Jones  as  his  sureties,  who  are  approved  by  the 
Court,  conditioned  for  the  payment  of  the  annual  interest  of 
the  said  sum  x>f  two  thousand  dollars,  or  so  much  thereof  as 
may  remain — after  the  payment  of  the  costs  of  the  proceedings 
in  this  partition — to  the  said  Enoch  Rex  during  his  life,  and  to 
the  said  John  Gregg  his  propoi'tion  of  said  appraised  value,  at 
and  upon  the  death  of  the  said  Enoch  Rex,  and  the  Sheriff  is 
directed  to  make  and  execute  to  the  said  James  Wills,  a  con- 
veyance of  said  premises,  subject,  nevertheless,  to  a  lien  thereon 
in  favor  of  the  others  of  the  said  parties,  until  payment  be  made 
to  them  of  their  respective  interests  of  said  valuation  money. 


18.  Adjudication  without  the  Consent  of  Tenant  for  Life. 

p.  774,  pi.  33.     11  April  1835,  P.  L.  199. 

James  Wills    -.  In  the  Court  of  Common  Pleas  of  Chester 
V.  \       County. 

John  Gregg  and  f  Of  August  Term,  1860.     No.  10. 
Enoch  Rex.         Breve  de  partitione  faciendd. 
And  now,  September  10,  1860,  Due  proof  having  been  made 


580  PARTNERSHIP. 

of  the  service  of  the  rule  on  all  the  parties  interested  in  this 
case  to  come  into  Court  and  accept  or  refuse  the  premises 
described  in  said  -writ,  James  Wills,  the  party  entitled,  came 
into  Court  in  person,  and  elected  to  take  the  said  premises  at 
the  appraised  value  thereof,  to  wit,  the  sum  of  two  thousand 
dollars  ;  and  it  appearing  to  the  Court  that  the  said  Enoch  Rex 
is  entitled  to  the  exclusive  possession  of  said  premises,  and  that 
he  does  not  consent  that  the  proceedings  herein  shall  interfere 
with  his  said  possession,  the  premises  are  adjudged  to  the  said 
James  Wills,  subject  to  the  right  of  possession  of  the  said  Enoch 
E-ex :  the  said  James  Wills  entering  into  recognisance  to  the 
Commonwealth  in  the  sum  of  four  thousand  dollars,  with  Seth 
Jones  and  Abel  Lea  as  his  sureties,  who  are  approved  bj  the 
Court,  conditioned  to  pay  to  the  said  John  Gregg,  at  and  upon 
the  death  of  the  said  Enoch  Rex,  his  proportion  of  said 
appraised  value ;  and  the  Sheriff  is  directed  to  make  and 
execute  to  the  said  James  Wills  a  conveyance  of  said  premises, 
subject,  nevertheless,  to  the  right  of  possession  of  the  said 
Enoch  Rex  in  the  same,  subject  also  to  a  lien  thereon  in  favor 
of  the  said  John  Gregg,  until  payment  be  made  to  him  of  his 
share  in  the  valuation  money  as  aforesaid. 


PARTNERSHIP. 


1.   Certificate,  Names  of  Partners,  ^c. 

P.  776,  pi.  1.     14  April  1851,  P.  L.  615. 

John  Wills,  John  Gregg  and  Enoch  Rex,  partners,  doing 
business  in  the  County  of  Chester,  file,  in  the  Office  of  the  Pro- 
thonotary  of  the  Court  of  Common  Pleas  of  said  county,  this 
statement,  according  to  the  provisions  of  the  thirteenth  section 
of  the  Act  of  April  4,  1850,  that  is  to  say : 


PEDLER.  581 

John  "Wills,  one  of  said  partners,  is  located  in  the  Township 
of  Penn,  in  said  county. 

John  Gregg,  another  of  said  partners,  is  located  in  the  same 
Township  of  Penn. 

Enoch  Rex,  the  other  of  said  partners,  is  located  in  the 
borough  of  West  Chester,  in  said  county. 

The  style  and  name  of  said  partnership  is  John  Wills  and 
Company,  and  the  partnership  is  carried  on  in  the  said  Town- 
ship of  Penn  and  County  of  Chester. 

Witness  the  hands  of  said  partners  the  first  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

John  Wills, 
John  Gregg, 
Enoch  Rex. 


PEDLER. 
1.  Petition. 

P.  783,  pi.  1,  2,  3.     2  April  1830,  p.  L.  147.     16  ApriI1840,  P.  L.  433.    5  May  1841, 

P.  L.  344. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  County  of  Chester: 

The  petition  of  John  Gregg,  Respectfully  represents. 
That  he  is  a  citizen  of  the  United  States,  and  has  resided  in 
said  County  of  Chester  for  one  year  and  upwards,  and  by  reason 
of  the  loss  of  his  right  foot  (or  such  bodily  infirmity  as  may 
exist),  he  is  disabled  from  procuring  a  livelihood  by  labor,  as 
will  appear  by  the  certificate  hereto  annexed,  wherefore  the 
petitioner  showing,  by  the  aflBdavits  of  George  Robb  and  Lewis 
Fox,  that  he  is  a  man  of  good  moral  character,  prays  the  Court 
to  grant  him  a  license  as  hawker  and  pedler  within  said  County 
of  Chester. 

And  he  will,  &c. 

John  Gregg. 


582  PEDLER. 

Chester  county,  ss. 

John  Gregg,  being  duly  sworn,  says,  that  the  statements  in 
the  foregoing  petition  are  true. 

Sworn  and  subscribed,  May  1,  "j  John  Gregg. 

1860,  before  I 

John  Graves,  J.  P.      J 

Chester  county,  ss. 

George  Robb  and  Lewis  Fox,  being  duly  sworn,  say,  that 
they  are  well  acquainted  with  John  Gregg,  the  above-named 
petitioner ;  that  the  said  petitioner  has  resided  in  the  said 
County  of  Chester  for  one  year  and  upwards,  and  that  he  is  a 
man  of  good  moral  character,  to  the  best  of  their  knowledge 
and  belief. 

Sworn  and  subscribed,  May  1,  ^  George  Robb, 

1860,  before  >  Lewis  Fox. 

John  Graves,  J.  P.      J 

We,  Thomas  Watts  and  Amos  Green,' being  citizens  of  the 
United  States,  and  practising  physicians,  residing  in  said 
County  of  Chester,  do  certify  that  John  Gregg,  the  above- 
named  applicant,  is  in  point  of  fact,  by  reason  of  bodily  dis- 
ability, unable  to  procure  a  livelihood  by  bodily  labor  (or  "  his 
trade  of" — naming  the  trade) ;  that  the  nature  and  character  of 
said  bodily  disability  is  the  loss  of  the  right  foot  of  the  appli- 
cant by  amputation  (or  as  the  case  may  be). 

Thomas  Watts, 

May  1,  1860.  Amos  Green. 

(Affidavit  of  truth  of  certificate  to  be  appended.) 


2.   Order  Granting  License. 

P.  783,  pi.  1,  2.     2  April  1830,  P.  L.  147.     16  April  1840,  P.  L.  433. 

In  the  Matter  of  the  Applica-  '\  In  the  Court  of  Quarter 
TiON  of  John  Gregg  for  Pedler's  V  Sessions  of  Chester 
License.  J        County. 

And  now,  May  1,  1860,  The  petition  of  the  said  John  Gregg, 


PEDLER.  583 

witli  certificates  and  aflSdavits  thereto  annexed,  being  read,  and 
the  Court  being  thereupon  satisfied  that  the  said  John  Gregg 
is  a  citizen  of  the  United  States,  having  resided  in  the  said 
County  of  Chester  for  one  year,  that  he  is  disabled  by  loss  of 
limb  from  procuring  livelihood  by  labor,  and  that  he  is  a  man 
of  honesty  and  good  moral  character,  order  that  a  license  do 
issue  to  the  said  John  Gregg  as  a  hawker  and  pedler  for  one 
year,  within  said  County  of  Chester,  according  to  the  prayer 
of  his  said  petition,  he  having  first  given  bond  to  the  Common- 
wealth of  Pennsylvania,  in  the  sum  of  three  hundred  dollars, 
with  Seth  Jones  and  Abel  Lea  as  his  sureties,  who  are  approved 
by  the  Court,  conditioned  that  he,  the  said  John  Gregg,  shall 
be  of  good  behavior  during  the  continuance  of  said  license. 


3.  Bond. 

p.  783,  pi.  1.     2  April  1830,  P.  L.  147. 

Know  all  men  by  these  presents,  that  we,  John  Gregg,  Seth 
Jones  and  Abel  Lea,  all  of  the  County  of  Chester,  are  held 
and  firmly  bound  unto  the  Commonwealth  of  Pennsylvania,  in 
the  sum  of  three  hundred  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Commonwealth,  her  certain  at- 
torney and  assigns,  to  which  payment  well  and  truly  to  be 
made,  we  do  bind  ourselves  jointly  and  severally,  our  heirs, 
executors  and  administrators,  firmly  by  these  presents :  Sealed 
with  our  seals,  dated  the  first  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty. 

Whereas  the  said  John  Gregg  has  this  day  been  licensed  by 
the  Court  of  Quarter  Sessions  of  said  county,  as  hawker  and 
pedler  within  said  county  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  shall  be  of  good  behavior  during  the  continuance 
of  said  license,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  ^  John  Gregg,  [l.  s.] 

presence  of  I  Seth  Jones,    [l.  s.] 

David  Bond,      C  Abel  Lea.       [l.  s.] 

George  Fox.      ^ 


S84  PRACTICE. 


PRACTICE. 

1.  Affidavit  of  Defence, 

P.  804,  pi.  9.     14  April  1&46,  P.  L.  328. 

..  .riT        ^  In  the  Court  of  Common  Pleas  for  the  County 

James  Wills  ]        o  r^^ 

[      01  Chester. 

T        !;  (Of  April  Term,  1860.     No.  4. 

John  Gregg.  I  ^       .      . 

-^  Case  in  Assumjjsit. 

Chester  county,  ss. 

John  Gregg  the  defendant  above  named,  being  duly  sworn 

says,  that  he  has  a  just  and  legal  defence  to  the  whole  (or  part, 

as  the  case  may  be),  of  the  plaintiff's  demand  in  this  action, 

the  nature  and  character  of  which  are  as  follows,  viz. : 

(Set  out  particulars.) 

All  which  this  defendant  expects  to  be  able  to  prove  upon 

the  trial  of  said  cause. 

Sworn  and  subscribed,  June^j  John  Gregg. 

10,  1860,  before  V 

John  Graves,  J.  P.      J 


2.   Petition  for  Interpleader. 

p.  339,  pi.  27.     11  March  1836,  P.  L.  77. 

T  ,TT  -.  In  the   District    Court  of   the    City  and 

James  Wills    1      ^      ,      .  -pu-i   i  i  i,- 
f       County  01  rhiladelphia. 

m       -n  ^*   -n  (  March  Term,  1860.     No.  1. 

The  Penn  Bank.  )  ^       .      .     ' 

■^  Case  in  Assumpsit. 

The  Penn  Bank,  the  defendant  above  named,  now  here  sug- 
gest to  the  Court,  that  they  disclaim  all  interest  in  the  sum  of 
money  for  which,  as  appears  by  the  affidavit  of  the  plaintiff, 
this  action  is  brought,  and  they  offer  to  bring  the  same  into 
Court,  or  to  pay  or  dispose  thereof  as  the  Court  shall  order, 
and  they  do  hereby  allege  that  the  right  to  the  said  money  is 
claimed  by  (or  "said  to  belong  to"),  John  Gregg,  of  the  City 


PRACTICE.  585 

of  Philadelphia,  in  whose  name  the  said  sum  of  money  was 
deposited  with  the  said  Penn  Bank,  and  that  said  John  Gregg 
is  expected  to  sue  for  the  same  (or  other  matter  showing  truth 
of  suggestion),  they  therefore  pray  that  the  Court  will  order  the 
said  plaintiflf  to  interplead  with  the  said  John  Gregg,  and  will 
stay  all  further  proceedings  against  them  in  this  action. 

Seth  Jones, 
President. 


3.   Order  for  Rule  to  Interplead. 

p.  339,  pi.  27.     11  March  1836,  P.  L.  77. 

^  In   the   District   Court  of  the   City  and 

James  Wills     )      n      *.     c  -du-i   i  i  i  • 
f       County  01  Philadelphia. 

^'    ^  (Of  March  Term,  1860.     No.  1. 

The  Penn  Bank.  )  n       ■     a  v 

-    Case  in  Assumpsit. 

And  now,  March  1,  1860,  On  motion  of  Job  Mann,  of  coun- 
sel with  defendants,  and  upon  filing  their  suggestion,  the  Court 
grant  a  rule  on  the  plaintiff  to  show  cause  why  an  order  should 
not  be  made  upon  him  to  interplead  with  John  Gregg. 


>  4.  Notice  of  Rule  and  Suggestion. 

p.  339,  pi.  27.     11  March  1836,  P.  L.  77. 

T-  „,  ^  In   the   District   Court   of  the   City  and 

James  Wills     |      ^      ,      .  tj,  -i   i  i  i  • 
I       County  01  Philadelphia. 

m       T.  ^*    -D  (Of  March  Term,  1860.     No.  1. 

The  Penn  Bank.  J  ^       .      . 

Case  in  Assumpsit. 

Sir:  Please  to  take  notice  that  the  above  action  has  been 
brought  to  recover  a  sum  of  money  deposited  in  the  Penn 
Bank  in  your  name,  and  that  the  defendants  have  filed  a  sug- 
gestion, stating  that  they  have  no  interest  in  this  money  and 
that  you  claim  the  same ;  you  will  please  further  to  take  notice, 
that  the  Court  have  granted  a  rule  to  show  cause  why  an 
order  should  not  be  made  requiring  the  plaintiff  to  interplead 


586  PRACTICE. 

with  you,  -wbicli  rule  is  returnable  on   Saturday  the  twelfth 
instant,  at  10  o'clock,  A.  M. 

Yours  respectfully, 

Job  Mann, 
To  Mr.  John  Gregg.  For  Defendant. 

City  of  Philadelphia,  ss. 

William  Lynch  being  duly  sworn,  says,  that  he  served  a  no- 
tice, of  which  the  above  is  a  true  copy,  on  John  Gregg  therein 
named,  on  the  second  day  of  March  instant,  personally,  by 
giving  him  said  notice. 

Sworn  and  subscribed,  March  ^  William  Lynch. 

10,  1860,  before  I 

John  Graves,  t 

Alderman.      ^ 


5.   Order  of  the  Court  in  Interpleader. 

P.  339,  pi.  27.     11  March  1836,  P.  L.  77. 

^  In  the    District    Court  of  the   City  and 

James  Wills     )      p,      ,      f  -nu-i  ;i  i  i.- 
f       County  01  rhiladelphia. 

m       ^^'    ^  I  Of  March  Term,  1860.     No.  1. 

The  Penn  Bank.  )  rx       •     a 

-'  Case  in  Assumpsit 

And  now,  March  12,  1860,  Upon  reading  the  rule  made  in 
this  cause  on  the  first  instant,  and  the  affidavit  of  the  defend- 
ant, and  upon  hearing  the  counsel  for  the  plaintiff  and  the 
counsel  for  John  Grego;,  it  is  ordered  that  the  said  John  Gregg 
do  make  himself  defendant  in  this  action,  and  state  in  due  form 
the  matters  and  particulars  of  his  claim  to  the  moneys  afore- 
said, and  thereupon  that  the  said  plaintiff  and  the  said  John 
Gregg  in  due  course,  plead  to  issue,  and  that  in  the  mean  time, 
and  pending  the  issue,  proceedings  against  the  Penn  Bank  be 
stayed. 


PRACTICE.  587 

6.  Order  requiring  Security,  on  Judgment  against  Defendant 
in  Interpleader. 

p.  340,  pi.  28.     11  March  1836,  P.  L.  77. 

^  In    the    District    Court    of   the    City  and 
James  Wills    ^      County  of  Philadelphia. 

^-  (  Of  March  Term,  1860.     No.  1. 

ThePennBank.  J  ^       .      A      _^,  ., 
^  Case  in  Assumpsit. 

And  now,  March  12,  1860,  It  appearing  to  the  Court  that 
the  process  issued  upon  the  order  to  interplead  in  this  case  has 
not  been  actually  served,  nor  personal  notice  given  to  the  said 
John  Gregg  of  said  process,  it  is  considered  by  the  Court  here 
that  the  plaintiff,  James  Wills,  do  recover  from  the  defendant 
the  sum  of  two  hundred  dollars  for  his  damages,  &c.,  with  costs, 
and  the  Court  require  the  plaintiff  to  enter  into  recognisance 
to  the  said  John  Gregg,  with  Enoch  Rex  as  his  surety,  who  is 
approved  by  the  Court,  to  interplead  with  said  John  Gregg,  if 
afterwards  and  before  the  expiration  of  the  time  which  would 
be  allowed  him  to  prosecute  his  claim  against  defendant,  said 
John  Gregg  should  appear  in  said  Court  and  claim  the  money 
for  the  recovery  of  which  said  suit  has  been  brought. 


7.  Plaintiff's  Statement. 

p.  805,  pi.  14.     21  March  1806,  P.  L.  4  Sm.  L.  328. 

-,  In  the  Court  of  Common  Pleas  of  Chester 
James  Wills      |      ^      x 

I       County. 

T         !;  (  Of  May  Term,  1860.     No.  10. 

John  Gregg.         _       ^    .       '     . 
^  Case  in  Assumpsit. 

The  plaintiff's  demand  in  above  case  is  founded  upon  a  book 

account  of  goods  sold  and  delivered  to  the  defendant,  at  his 

request,  of  which  account  the  following  is  a  statement,  viz. : 

1860.  March  1,    50  bushels  of  wheat,       .         .       $100  00 

"     April    3,  100  bushels  of  oats,         .         .  40  00 

"      April    4,  100  bushels  of  corn,         .         .  65  00 

$205  00 


588  PRACTICE. 

And  also  on  a  note,  of  which  the  following  is  a  copy,  viz. : 

Penn.,  January  1,  1860. 

Sixty  days  after  date,  I  promise  to  pay  to  James  Wills  or 
order,  one  hundred  dollars,  without  defalcation,  for  value 
received. 

$100.  John  Gregg.- 

And  the  plaintiff  says,  said  sums  together  amounting  to  two 
hundred  and  sixty-five  dollars,  are  due  from  the  defendant  to 
him. 

May  10,  1860.  James  Wills. 


8.  Defendant's  Statement. 

"P.  805,  pi.  15.     21  March  1806,  4  Sm.  L.  328. 

James  Wills  "^     "'"^  *^®  Court  of  Common  Pleas  of  Chester 

V  t        County. 

John  Gregg.  J     Of  May  Term,  1860.     No.  10. 
Case  in  Assumpsit. 

The  account  of  the  defendant  against  plaintiff's  demand,  is 
contained  in  the  following  statement,  viz. : 

1860.  March  10,  Cash  paid  plaintiff,  .  .  .  $30  00 
"  April  1,  One  wagon,  .  .  .  .  50  00 
"  "         "    One  horse,        .  .          .  .     100  00 


$180  00 
Which  being  deducted  from  the  plaintiff's  demand,  leaves  the 
sum  of  twenty-five   dollars,  which   the  defendant  believes  is 
justly  due  from  him  to  the  plaintiff. 
June  1,  1860.  John  Gregg. 


PRACTICE.  589 

9.  Amendment  Changing  Name. 

P,  47,  pi.  3.     P.  805,  pi.  19.    4  May  1852,  P.  L.  574.     16  April  1846,  P.  L.  353. 

,--.        >,  In  the  Court  of  Common  Pleas  of  Chester 
James  Wills  j      ^ 

^       ^'  \  Of  May  Term,  1860.     No.  10. 

John  Gray.  J  „, 

•^  Trespass. 

Chester  county,  ss. 

David  Bond,  of  counsel  with  the  plaintiff,  in  the  above  case, 
being  duly  sworn  says,  that  a  mistake  has  been  made  in  the 
surname  of  the  defendant,  and  the  said  surname  should  be 
"Gregg"  and  not  "  Gray." 

Sworn  and  subscribed,  in  open  "|  David  Bond. 

Court,  May  1,  1860.  I 

James  Davis,  Prothonotary.  J 


10.   Order  to  Amend  Name  of  Party. 

p.  805,  pi.  19.     16  April  1846,  P.  L.  353. 

T  ,TT        -.  In  the  Court  of  Common  Pleas  of   Chester 

James  Wills  |      ^ 

f       County. 

Joh/ghav.  JOf^^^y^-^-'l^^O- 

-^  Trespass. 

And  now,  May  1,  1860,  It  appearing  to  the  Court,  by  suffi- 
cient evidence  contained  in  the  affidavit  of  David  Bond  this 
day  filed,  that  a  mistake  has  been  made  in  the  name  of  the 
defendant,  the  Court,  on  motion  of  said  David  Bond,  of  counsel 
with  the  plaintiff,  permit  the  amendment  of  the  record  of  said 
suit  by  substituting  the  name  "  Gregg"  for  "  Gray." 


590  PRACTICE. 

11.  Application  to  Add  Party. 

P.  47,  pi.  3.     p.  805,  pi.  20,     4  May  1852,  P.  L.  574. 

-.  „,        ^  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills  j      ^ 

f       County. 

*  [  (See  Judgment  entered  May  1,  1860,  in  Judg- 

JOHN    (^REGQ.  J         ^^^^  ^^^^^^  jj^  p^  ^^^^  ^^^  ^.^^^ 

Chester  county,  ss. 

David  Bond,  being  sworn  in  due  form  of  law  says,  that  the 
above-stated  judgment  was  entered  by  confession,  by  virtue  of 
a  warrant  of  attorney  for  that  purpose :  That  Enoch  Rex  exe- 
cuted the  said  warrant  of  attorney  with  the  said  John  Gregg, 
and  that  the  name  of  the  said  Enoch  Rex  was  omitted  by  mis- 
take.(a) 

Sworn  and  subscribed,  May  10,  ^  David  Bond. 

1860,  in  open  Court.  V 

James  Davis,  Prothonotary.  J 


12.  Amendment  of  Pleadings. 

p.  46,  pi.  1.     p.  805,  pi.  18.(5)     21  March  1806,  4  Sm.  L.  329. 

T  ,Tr         -,  In  the  Court  of   Common  Pleas  of   Chester 

James  Wills  ^ 

f       County. 

^  (Of  May  Term,  1860.     No.  10. 

John  Gregg.  I  ^^  ,      "^ 
-^  Debt. 

Chester  county,  ss. 

David  Bond,  of  counsel  with  the  defendant,  being  duly  sworn 
says,  that  the  amendment  of  the  defendant's  plea  will  affect  the 
merits  of  the  case,  and  is  not  desired  for  any  other  reason. 
Sworn  and  subscribed.  May  10,  "l  David  Bond. 

1860,  in  open  Court.  V 

James  Davis,  Prothonotarv.  J 


(a)  See  Kaylor  and  Shaffler,  12  Harris  489,  and  Fullerton  and  Campbell,  I 
Casey  345. 

(6)  See  Hartman  v.  Insurance  Co.,  9  Harris  474  ;  Yost  v.  Ehy,  11  Id.  332  ; 
Wahhour  v.  Spangler,  7  Casey  523. 


I 


PRACTICE.  591 

13.  Suggestion  of  Equitable  Plaintiff. 

p.  399,  pi.  2.     P.  803,  pi.  7.     23  April  1829,  10  Sm.  L.  455. 

,  „^         ^    In  the  Court  of  Common  Pleas  of  Chester 

James  Wills  )       „ 

\       County. 

,        ^  (Of  January  Term,  1860.     No.  2. 

John  Gregg.  )  ^       .     /  . 

■'  Case  in  Assumpsit. 

October  1,  1860,  On  motion  of  Job  Mann,  of  counsel  with 
the  defendant,  Enoch  Rex  is  suggested  on  the  record  as  equi- 
table plaintiff  in  the  above  case. 

Chester  county,  ss. 

John  Gregg,  the  above  defendant,  being  duly  sworn  says, 
that  the  above-stated  action  was  prosecuted  for  the  use  and 
benefit,  and  at  the  instance  of  Enoch  Rex  in  the  foregoing  sug- 
gestion named,  and  that  the  said  Enoch  Rex  is  interested  in 
said  cause,  the  note  declared  upon  the  same  having  been  trans- 
ferred to  him  (or  as  the  case  may  be),  before  the  commencement 
(or, — during  the  pendency)  of  said  suit. 

Sworn  and  subscribed,  October  1, ..  John  Gregg. 

1860,  before  I 

James  Davis,  ( 

Prothonotary.      ^ 


James  Wills  ^ 


14.  Affidavit  to  Produce  Books,  ^c. 

p.  422,  pi.  1.     27  February  1798,  3  Sm.  L.  303. 

In  the  Court  of   Common  Pleas  of  Chester 
County. 


John  Gregg.  r^fJ-'^-y  Term,  1860.     No.  10. 
^  Debt. 

Chester  county,  ss. 

John  Gregg,  the  defendant  above  named,  being  duly  sworn 
says,  that  he  has  reason  to  believe  and  verily  believes,  that 
James  Wills,  the  plaintiff,  has  in  his  possession  or  power,  certain 


692  PRACTICE. 

books  or  writings  (or  books  and  writings,  as  tbe  case  may  be), 
■which  contain  evidence  pertinent  to  the  issue  in  the  above  case, 
that  is  to  say,  the  day  book  or  book  of  original  entries  of  said 
plaintiff,  containing  entries  of  accounts  between  the  plaintiff 
and  defendant,  from  April  1,  1858,  to  January  1,  1860  (or  as 
the  case  may  be,  describing  the  books  or  writings  with  reason- 
able certainty). 

Sworn  and  subscribed,  March  .  John  Gregg. 

1,  1860,  before  I 

James  Davis,  C 

Prothonotary.      -^ 


15.  Huh  to  show  Cause,  ^c,  why  Boohs  and  Papers  should 
not  be  Produced. 


James  Wills'] 


V. 


p.  422,  pi.  L     27  February  1798,  3  Sm.  L.  303. 

In  the  Court  of  Common  Pleas  of  Chester 

County. 

t  Of  January  Term,  1860.     No.  10. 
John  Gregg.  )  ta  i.. 
-^  Debt. 

And  now,  March  1,  1860,  On  the  filing  of  the  affidavit  of 
John  Gregg,  the  defendant  in  this  case,  and  on  motion  of  David 
Bond,  Esquire,  the  Court  grant  a  rule  on  James  Wills,  the 
plaintiff,  to  show  cause  why  he  should  not  be  required  to  pro- 
duce on  the  trial  of  this  cause,  the  books  and  papers  specified 
in  said  affidavit,  viz.  (describing  them  as  in  affidavit),  or  to 
satisfy  the  Court  why  it  is  not  in  his  power  to  do  so. 

Returnable  April  2,  1860. 


16.   Order  on  Pule,  ^c,  to  Produce  Books  and  Papers. 

p.  422,  pi.  1.     27  February  1798,  3  Sm.  L.  303. 

In  the  Court  of  Common  Pleas  of  Chester 

James  Wills  )       p, 

I       County. 

^-  {  Of  January  Term,  1860.     No.  10. 

John    Gregg.  J  -p^  , 

And  now,  April  2, 1860,  On  hearing  the  rule  on  the  plaintiff 


PRACTICE.  593 

in  this  case,  to  show  cause  why  he  should  not  be  required  to 
produce  the  books  and  papers  therein  mentioned,  &c.,  and  no 
sufficient  cause  being  shown,  said  rule  is  made  absolute,  and  the 
plaintiff  is  required  to  produce,  on  the  trial  of  this  cause,  the 
books  and  papers  specified  in  said  rule,  viz.  (describing  them), 
or  satisfy  the  Court  why  it  is  not  in  his  power  to  do  so 


17.  Letters  Rogatory. 

p.  423,  pi.  8.     8  April  1833,  P.  L.  308. 

,  ^r         .In  the  Court  of  Common  Pleas  of  the  County 

James  Wills  )        n  r^^    ^        ^  a.  .     ^  -d         i      • 
I       of  Chester  and  btate  oi  Pennsylvania. 

^  (Of  January  Term,  1860.     No.  10. 

John  Gregg.  )  T^  i . 
■^  Debt. 

The  Commonwealth  of  Pennsylvania,  1 

County  of  Chester.  / 

The  Commonwealth  of  Pennsylvania,  to  any  Judge  or  Tri- 
bunal having  jurisdiction  of  civil  cases  in  the  State  of  New 
York;  Greeting: 

Whereas  a  certain  suit,  as  above  stated,  is  pending  before  our 
Court  of  Common  Pleas  aforesaid,  in  which  James  Wills  is  the 
plaintiff  and  John  Gregg  is  the  defendant,  and  it  has  been  sug- 
gested to  us  that  there  are  witnesses  residing  within  your  juris- 
diction,  without  whose  testimony  justice  cannot  completely  be 
done  between  the  said  parties :  We  therefore  request  you,  that 
in  furtherance  of  justice,  you  will,  by  the  proper  and  usual  pro- 
cess of  your  Court,  cause  such  witness  or  witnesses  as  shall  be 
named  or  pointed  out  to  you  by  the  said  parties  or  either  of 
them,  to  appear  before  you  or  some  competent  person  by  you 
for  that  purpose  to  be  appointed  or  authorized,  at  a  precise  time 
and  place,  by  you  to  be  fixed,  there  to  answer  on  their  oaths  and 
affirmations,  to  the  several  interrogatories  hereunto  annexed, 
and  that  you  will  cause  their  depositions  to  be  committed  to 
■writing,  and  returned  to  us  under  cover  and  sealed  up  together 
with  these  presents :  And  we  shall  be  ready  and  willing  to  do 
the  same  for  you  in  a  similar  case  when  required  :  Witness  the 
38 


694  PRACTICE. 

Honorable  Townsend  Haines,  President  Judge  of  our  said  Court 
of  Common  Pleas  at  West  Chester  in  the  County  of  Chester 
aforesaid,  the  first  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty. 

James  Davis, 
[Seal.]  Prothonotary. 


18.  Suggestion  of  Death  of  Defendant, — Substitution  and  Pre- 
cipe for  Sci.  Fa. 

p.  286,  pi.  89.     24  February  1834,  P.  L.  77. 

In  the  Court  of  Common  Pleas  of  Chester 


I       County. 

^  ,„  (  Of  May  Term,  1855.     No.  10. 

George  Wills,  j  -rx  , , 


John  Gregg 

V. 

WttTC!      I 

Debt. 

'  1855,  July  1.  The  defendant  suggests  the  death  of  the  said 
John  Gregg,  the  plaintiff,  and  that  James  Gregg  is  the  Admin- 
istrator of  said  John  Gregg. 

William  Botd, 
Defendant's  Attorney. 

Issue  Scire  Facias  to  James  Gregg,  as  Administrator,  &c., 

of  John  Gregg,  deceased,  to  become  a  party  to  above-stated 

action,  or  show  cause,  &c. 

William  Boyd, 

July  1,  1855.  Defendant's  Attorney. 


19.  Suggestion   of  Death   of  Plaintiff,   and   Substitution   of 
Administrator. 


p.  286,  pi.  88.     24  February  1834,  P.  L.  77. 

In  the  Court  of  Common  Pleas  of  Chester 

County. 

\  Of  May  Term,  1855.     No.  10. 
George  Wills.  I  -p,  , , 
■^  Debt. 

1855,  July  1.    The  death  of  John  Gregg,  the  plair^^tiff,  is  sug- 


JoHN  Gregg    "j 


V. 


PRACTICE.  595 

gested,  and  James  Gregg,  Administrator,  substituted  as  plain- 
tiff. 

William  Marshall, 

Plaintiff's  Attorney. 


20.  Scire  Facias  to  bring  in  Administrator  of  Defendant. 

p.  286,  pi.  89.    24  October  1834,  P.  L.  77. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff 
•-  '-'  of  the  County  of  Chester ;  Greeting  : 
Whereas  John  Gregg,  heretofore,  to  wit,  on  the  first  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-five,  in  our  County  Court  of  Common  Pleas  of  said  County 
of  Chester,  did  commence  a  certain  action  of  debt  against  George 
Wills,  No.  10,  to  May  Term  of  said  Court,  in  the  year  afore- 
said, which  action  is  still  depending  in  our  said  Court :  And 
the  said  George  Wills  has  given  us  to  understand,  that  since 
the  commencement  of  the  said  action,  the  said  John  Gregg  has 
died,  and  that  James  Gregg  is  the  Administrator  of  the  goods, 
chattels  and  credits  which  were  of  the  said  John  Grecfo",  and 
has  desired  us  to  provide  him  a  proper  remedy,  so  that  further 
proceedings  may  be  had  in  said  action,  and  we  being  willing 
that  what  is  just  in  this  behalf  should  be  done,  do  command 
you,  that  you  make  known  to  the  said  James  Gregg,  Adminis- 
trator aforesaid,  that  he  is  required  within  twenty  days  after 
the  service  of  this  writ,  to  become  the  party  plaintiff  to  said 
action,  or  show  cause  at  the  next  succeeding  term  of  this  Court, 
why  he  should  not  be  made  a  party  as  aforesaid  to  said  action, 
by  the  judgment  of  our  said  Court,  and  why  further  proceed- 
ings should  not  be  had  in  said  action.  And  have  you  then 
there  this  writ. 

Witness  the  Honorable  Townsend  Haines,  President  Judge  of 
our  said  Court  at  West  Chester,  the  first  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty -five. 

James  Davis, 

Prothonotary. 


596 


PRACTICE. 


21.  Abatement  of  Suit  for  ivant  of  Substitution  for  Deceased 

Plaintiff. 

p.  28,  pi.  11.     5  May  1S54,  P.  L.  570. 

In  the   Court  of  Common   Pleas  of  Chester 
County. 
('Of  May  Term,  1859.     No.  10. 


James  Wills  "] 


V. 

John  Gregg.  I  ^\^' 
-'  Debt 

And  now,  August  1,  1860,  It  appearing  from  the  record  in 
this  case,  that  the  death  of  the  plaintiff  was  suggested  on  the 
tenth  of  July,  1859,  and  the  Court  being  given  to  understand 
that  no  letters  of  administration  or  letters  testamentary  have 
been  taken  out  in  this  state,  since  the  suggestion  aforesaid, 
viz.,  for  more  than  one  year ;  On  motion  of  Job  Mann,  of 
counsel  with  the  plaintiff,  the  Court  direct  a  notice  to  be  served 
on  Sarah  Gregg,  the  widow  and  next  of  kin  of  the  defendant 
entitled  to  administration,  that  said  suit  will  abate  and  entry 
thereof  made  on  the  record,  in  one  month  after  the  service  of 
said  notice. 

22.    Declaration  and  Confession  of  Judgment,  upon  Bond  and 
Warrant,  where  Obligee  is  dead. 

In  the  Court  of  Common  Pleas  of  Chester  County.  Of  April 
Term,  1865.     No.  10. 
Chester  county,  ss. 

John  Gregg  was  summoned  to  answer  James  Wills  of  a  plea 
that  he  render  unto  him  the  sum  of  one  thousand  dollars,  which 
he  owes  to  and  unjustly  detains  from  him;  and  thereupon  the 
plaintiff,  by  John  J.  Pinkerton,  his  attorney,  complains.  For 
that  whereas  the  defendant  heretofore,  to  wit,  on  the  first  day 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-four,  at  the  county  aforesaid,  by  his  certain  writ- 
ing obligatory,  sealed  with  his  seal,  acknowledged  himself  to  be 
held  and  firmly  bound  to  the  plaintiff  in  the  said  sum  of  five 
hundred  dollars  above  demanded,  to  be  paid  to  the  plaintiff; 
yet  the  defendant  (although  often  requested  so  to  do),  hath  not 
as  yet  paid  the  said  sum  of  five  hundred  dollars  above  demanded, 
or  any  part  thereof  to  the  plaintiff,  but  hath  hitherto  wholly 


PRACTICE.  597 

neglected  and  refused,  and  still  neglects  and  refuses  so  to  do. 
Wherefore  the  plaintiif  says  that  he  is  injured  and  has  sustained 
damage  to  the  amount  of  one  thousand  dollars,  and  therefore 
he  brings  his  suit,  &c.  And  the  plaintiff  brings  here  into  Court 
the  said  writing  obligatory,  sealed  as  aforesaid,  which  gives  suf- 
ficient evidence  to  the  said  Court  here  of  the  debt  aforesaid  in 
form  aforesaid,  the  date  whereof  is  the  day  and  year  in  that 
behalf  above  mentioned. 

John  J.  Pinkerton, 
Plaintiff's  Attorney. 
And  the  defendant,  by  John  J.  Pinkerton,  his  attorney,  spe- 
cially constituted  by  warrant  dated  the  first  day  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
four,  comes  and  says  that  he  cannot  gainsay  the  said  writing 
obligatory,  nor  that  the  same  is  his  act  and  deed,  and  confesses 
judgment  to  the  plaintiff  for  the  sum  of  one  thousand  dollars, 
besides  costs,  &c. ;  and  further  releases  all  and  all  manner  of 
error  and  errors,  misentries,  defects  and  imperfections  what- 
ever that  may  intervene  in  the  entering  of  the  said  judgment, 
or  in  any  process  or  proceedings  thereon  or  anywise  touching 
or  concerning  the  same. 

John  J.  Pinkerton, 
Defendant's  Attorney. 


23.  Rule  on  Defendant  as  Purchaser  at  Sale  for  Taxes  of  Un- 
seated Lands. 

p.  996,  pi.  39.     29  March  1S24,  8  Sm.  L.  291. 

^  In  the   Court  of    Common    Pleas  of   Chester 
James  Wills  )      ^ 

f       County. 


I  Of  May  Term,  1860.     No.  10. 


John  Gregg.  /  -n-    ^ 

Jijectment 

And  now,  May  1, 1860,  The  Court  being  given  to  understand 

and  be  informed  that  no  person   resides  on  the  land  mentioned 

in  the  writ  in  this  case,  that  the  same  has  been  sold  for  taxes, 

and  said  action  has  been  brought  against  the  purchaser  thereof, 

and  it  appearing  by  the  return  to  said  writ  that  the  defendant 

cannot  be  found  in  the  said  County  of  Chester :  On  motion  of 


598  PRACTICE. 

Job  Mann,  Attorney  for  said  James  Wills,  the  plaintiff,  the 
Court  grant  a  rule  on  the  defendant,  in  which  rule  the  premises 
claimed  in  the  writ  shall  be  described,  to  appear  and  plead  on 
or  before  the  first  day  of  the  next  term  of  this  Court  (or  as 
the  case  may  be),  and  do  order  that  said  rule  shall  be  published 
for  sixty  days  successively  before  the  return  day  thereof  in  the 
"  Star,"  a  weekly  newspaper  published  in  the  said  County  of 
Chester. 


24.  Judgment  by  Default  against  Defendant^  Purchaser  under 
Tax  Sale  of  Unseated  Lands. 

p.  996,  pi.  39.     29  March  1824,  8  Sm.  L.  291. 

In  the  Court  of  Common  Pleas  of  Chester 


James  Wills 

(       County. 

John  GREG8.  J  Of  May  Term,  I860.     No.  10. 

^  Ejectment. 
And  now,  August  1,  1860,  Proof  having  been  made  of  the 
publication  of  the  rule  heretofore  granted  in  this  case  accord- 
ing to  the  order  of  Court,  and  no  person  appearing  in  answer 
thereto,  On  motion  of  Job  Mann,  of  counsel  with  the  plaintiff, 
and  in  default  of  the  appearance  of  the  defendant,  the  Court 
give  judgment  that  the  plaintiff  do  recover  possession  of  the 
premises  mentioned  and  described  in  the  writ  issued  in  this 
case,  with  costs,  iS:c. 


25.  Plea  of  Disclaimer  and  Tender  in  Trespass. 

p.  967,  pi.  1.     27  March  1713, 1  Sm.  L.  77. 

T  -nr  -^  In  the  Court  of  Common  Pleas  of  Chester 

James  W  ills  ^ 

I       County. 

!,'■  (  Of  May  Term,  1860.     No.  10. 

John  Gregg.     )  ^         ''  ' 

■^  Irespass. 

And  the  defendant,  by  his  attorney  Job  Mann,  comes  and 
defends  the  force  and  injury,  when,  &c.,  and  says  that  the  plain- 
tiff oucrht  not  to  have  or  maintain  his  aforesaid  action  thereof 
a<Tainst  him,  because  he  says  that  he,  the  defendant,  at  said  times 


PRACTICE.  599 

when,  &c.,  had  not  nor  claimed  to  have,  nor  has  he,  nor  does  he 
now  claim  to  have,  but  disavows  and  disclaims  to  have  any  title 
or  interest  in  said  close  in  which,  &c.  And  the  defendant  further 
says,  that  the  said  trespass  was  involuntary  (or  "  by  negligence 
and  involuntary,")  viz. :  that  the  said  horse  in  said  declaration 
mentioned,  a  little  time  before  the  time  when,  &c.,  had,  with- 
out the  knowledge  and  against  the  will  of  the  defendant, 
escaped  from  the  defendant  into  the  said  close  of  the  plaintiff,  in 
which  and  at  the  said  time  when,  &c.,  and  was  there  doing  dam- 
age, as  in  said  declaration  is  mentioned  ;  wherefore,  he  the 
defendant  immediately,  viz.,  at  the  said  time  in  the  said  declara- 
tion mentioned,  &c.,  to  prevent  further  damage  there  to  the 
plaintiff,  and  to  take  the  said  horse  out  of  said  close,  entered 
said  close  in  which,  &c.,  by  the  most  convenient  and  proper  ways 
there,  for  the  purpose  of  leading  said  horse  out  of  said  close, 
and  then  and  there  at  the  time  when,  &c.,  he  did  lead  him  out 
of  said  close  of  the  plaintiff  in  which,  &c.,  by  the  most  proper 
and  convenient  ways  there,  as  it  was  lawful  for  him  to  do,  he 
doing  as  little  damage  as  he  possibly  could,  and  in  so  doing  the 
defendant  with  his  feet  in  walking,  necessarily  and  unavoidably 
trod  down  and  spoiled  a  little  grass  of  the  plaintiff  there  then 
growing  and  being,  which  are  the  same  trespasses  in  the  said 
declaration  mentioned,  and  whereof  the  plaintiff  has  above  com- 
plained against  the  defendant.  And  the  defendant  further  says, 
that  after  the  committing  the  said  trespasses,  and  before  the 
day  of  the  commencement  of  this  suit,  to  wit,  on  the  first  day 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty,  at  the  county  aforesaid,  he,  the  defendant,  tendered 
and  offered  to  pay  to  the  plaintiff  the  sum  of  ten  dollars,  lawful 
money  of  the  United  States,  in  full  satisfaction  of  said  tres- 
passes in  the  said  declaration  mentioned ;  the  said  sum  of  ten 
dollars  being  then  and  there  sufficient  amends  for  the  said  tres- 
passes, which  said  sum  of  money  he  the  plaintiff,  then  and  there 
wholly  refused  and  still  does  refuse  to  accept  of  the  defendant, 
and  this  the  defendant  is  ready  to  verify ;  Wherefore  he  prays 
judgment  if  the  plaintiff  ought  further  to  have  or  maintain  his 
aforesaid  action  thereof  against  him,  &c. 

Job  Mann,  for  Defendant. 


In  the  Court  of  Common  Pleas  of 

Chester  County. 
Of  May  Term,  1858,  No.  5. 
Case  in  Assumpsit. 


600  PRACTICE. 

26.  Plea  of  no  Assets  in  Suit  for  Legacy. 

p.  303,  pi.  188.     24  February  1834,  P.  L.  83. 

James  Gregg 

V. 

John  Rex,  Executor,  &c., 
of  John  Gregg,  de- 
ceased. 

And  the  said  John  Rex,  by  his  Attorney,  William  Marshall, 
comes  and  defends  the  wrong  and  injury  when,  &c.,  and  says, 
that  the  said  James  Gregg  ought  not  to  have  his  aforesaid  action 
thereof  against  him,  because  he  says,  that  he  has  not  sufficient 
assets  to  pay  all  the  just  debts  and  demands  against  the  estate 
of  the  said  John  Gregg,  deceased,  and  also  all  the  legacies 
given  by  the  will  of  the  said  deceased, — and  this  he  is  ready  to 
verify  ;  wherefore  he  prays  judgment  that  no  further  proceed- 
ings be  had  in  the  said  action,  until  an  account  shall  have  been 
taken  in  the  Orphans'  Court  of  said  county,  of  the  debts  and 
assets  of  the  said  estate,  and  the  amount,  if  any,  payable  on 
such  legacy  shall  be  ascertained,  &c. 

"William  Marshall, 

For  Defendant. 


27.  Precipe  for  Scire  Facias  to  charge  Real  Estate  of  Decedent. 

p.  288,  pi.  100.     24  February  1834,  P.  L.  80. 

George  Wills 


V. 

Sarah  Gregg,  widow  of  John  Gregg, 


In  the  Court  of  Com- 


deceased,  James  Gregg  and  George  >  mon  Pleas  of  Ches 
Gregg  (a  minor),  heirs  of  said  de-  ter  County, 
ceased,  the  said  George  Gregg  hav- 
ing for  his  guardian  George  Jones. 
(See  Judgment,  George  Wills  v.  John  Rex,  Administrator, 
&c.,  of  said  John  Gregg,  deceased,  No.  10,  to  May  Term,  1854.) 


PRACTICE.  601 

Issue  Scire  Facias  against  the  defendants,  to  show  cause  why 
the  above- stated  judgment  should  not  be  levied  and  paid  out  of 
the  estate  of  the  defendants  as  widow  and  heirs  of  said  John 
Gregg,  deceased. 

Yours,  &c. 
William  Marshall, 
To  James  Davis,  Plaintiff's  Attorney. 

Prothonotary. 

May  1,  1855. 


28.  Scire  Facias  to  charge  Real  Estate  of  Decedent. 

p.  288,  pL  100.     24  February  1834,  P.  L.  80. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff 

L        '^      of  the  County  of  Chester ;  Greeting  : 

Whereas,  George  Wills,  heretofore,  to  wit,  on  the  first  day 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-four,  in  our  County  Court  of  Common  Pleas,  before 
our  Judges  at  West  Chester,  recovered  judgment  against  John 
Rex,  Administrator  of  all  and  singular  the  goods,  chattels, 
rights  and  credits  which  were  of  John  Gregg,  late  of  your 
county,  deceased,  for  a  certain  debt  or  sum  of  one  thousand 
dollars,  as  also  ten  dollars  which  to  the  said  George  Wills  were 
adjudged  for  his  costs  and  charges  which  he  sustained  by  occa- 
sion of  the  detention  of  that  debt : 

And  whereas  the  said  John  Gregg  died  seised  of  real  estate 
in  the  said  County  of  Chester,  which  descended  and  came  to 
the  said  Sarah  Gregg,  James  Gregg  and  George  Gregg,  the 
widow  and  heirs  of  the  said  John  Gregg,  deceased: 

And  whereas  the  said  George  Wills  has  given  us  to  under- 
stand that  the  said  judgment  remains  wholly  unpaid  and  unsat- 
isfied, and  has  besought  us  to  provide  for  him  a  proper  remedy : 

And  we  being  willing  that  what  is  just  in  this  behalf  should  be 
done,  do  according  to  the  form  of  the  Act  of  Assembly  in  such 
case  made  and  provided,  command  you,  that  you  make  known  to 
the  said  Sarah  Gregg,  James  Gregg  and  George  Jones,  guardian 


602  PRACTICE. 

of  the  said  George  Gregg,  that  they  be  before  our  Judges  at 
West  Chester  at  our  County  Court  of  Common  Pleas,  there  to 
be  held  on  the  last  Monday  of  July  next,  to  show  cause,  if  any- 
thing they  have  to  know  or  say,  why  the  said  judgment  so 
recovered  against  the  said  John  Rex,  Administrator,  &c.,  of  the 
said  John  Gregg,  deceased,  shall  not  be  levied  and  paid  out  of 
the  said  real  estate,  of  which  the  said  John  Gregg  died  seised 
as  aforesaid :  And  have  you  there  then  this  writ : 

Witness  the  Honorable  Townsend  Haines,  President  Judge 
of  our  said  Court,  at  West  Chester,  the  first  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five. 

James  Davis, 
Prothonotary. 


29.  Application  of  Administrator  to  Stay  Proceedings  on  Exe- 
cution,—  Order,  <f-c. 

p.  288,  pi.  101.     24  February  1834,  P.  L.  80. 

"^.  In  the  Court  of  Common  Pleas 


George  Wills 

V. 

JoHX  Rex,  Administrator,  &c., 
of  John  Gregg,  deceased. 


of  Chester  County. 
y  Fi.  Fa.  Ko.  10. 
May  Term,  1854. 
Debt  $500. 


To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  aforesaid  : 

The  petition  of  John  Rex,  the  above-named  administrator. 
Respectfully  represents, 

That  the  personal  assets  of  the  estate  of  the  above-named 
John  Gregg,  so  far  as  they  have  come  to  his  hands,  do  not 
exceed  one  thousand  dollars  in  value,  that  the  just  demands 
upon  said  estate  amount  to  two  thousand  dollars,  and  that  the 
assets  of  said  estate  are  insufficient  to  pay  all  just  demands 
upon  it ; — that  the  said  John  Gregg  died  seised  in  his  demesne 
as  of  fee,  of  and  in  a  certain  messuage,  &c.  (describing  them)  : 
The  petitioner    therefore    prays   the    Court    to    stay  all    pro- 


PRACTICE.  603 

ceedings  upon  the  above-stated  execution,  until  he  shall  have 
made  application  to  the  Orphans'  Court  of  said  county,  for  sale 
of  the  said  real  estate. 

And  he  "will,  &c. 

May  1,  1854.  John  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

May  1,  1855.  On  motion  of  William  Marshall,  Esquire,  of 
counsel  with  the  above  defendant,  and  it  appearing  to  the  satis- 
faction of  the  Court,  that  there  is  reason  to  believe  that  the 
personal  assets  of  the  said  John  Gregg,  deceased,  are  insufficient 
to  pay  the  just  demands  upon  his  estate,  it  is  ordered  that  the 
proceedings  on  the  above  execution  shall  be  stayed,  until  the 
said  administrator  shall  have  made  application  to  the  Orphans' 
Court  of  the  County  of  Chester,  for  the  sale  of  the  real  estate 
of  the  said  John  Gregg,  deceased. 


80.  Petition  of  Creditor ,  ^c,  for  Order  on  Administrator  to 
apply  to  Orphans'  Court  for  an  Order  of  Sale. 

p.  289,  pi.  102.     24  February  1834,  P.  L.  80. 

George  Wills  1  In  the  Court  of  Common  Pleas 

V.  I       of  Chester  County. 

John  Rex,  Administrator,  &c.,  '  Of  May  Term,  1854.   No.  10. 

of  John  Gregg,  deceased.        Debt  $500. 

J 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  aforesaid  : 

The  petition  of  George  Wills,  the  above-named  plaintiff. 
Respectfully  represents, 

That  the  personal  assets  of  the  estate  of  the  above-named 
John  Gregg,  deceased,  are  insufficient  to  pay  all  the  just  demands 
upon  the  same  ;  and  that  the  said  John  Gregg  died  seised  in  his 
demesne  as  of  fee,  of  and  in  a  certain  messuage,  &c.  (describing 
them) ;  the  petitioner  therefore  prays  the  Court  to  order  said 
John  Rex,  Administrator,  &c.,  of  said  deceased,  to  make 
application  to  the  Orphans'  Court  of  Chester  County  aforesaid 


604  PRACTICE. 

for  the  sale  of  the  said  real  estate  for  the  payment  of  the  just 
demands  on  the  estate  of  the  decedent. 

And  he  will,  &c. 

George  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 

1855,  May  2.  On  motion  of  John  Boyd,  of  counsel  with 
George  Wills  the  above-named  plaintiff,  and  it  appearing  to  the 
satisfaction  of  the  Court  that  there  is  reason  to  believe  that  the 
personal  assets  of  the  said  John  Gregg,  deceased,  are  insufficient 
to  pay  the  just  demands  on  his  estate ;  it  is  ordered  that  the 
said  John  Rex,  Administrator,  &c.,  of  John  Gregg,  do  make 
application  to  the  Orphans'  Court  of  said  County  of  Chester,  at 
the  next  Session  thereof,  for  the  sale  of  the  real  estate  of  said 
decedent  for  the  payment  of  the  just  demands  upon  his  estate. 


F 


31.  Judgment  on  Ansivers  of  Garnishee 
James  Wills 


V. 

John  Gregg  and 
SaxMuel  Rex, 

Garnishee. 


In  the  Court  of  Common  Pleas  of  Chester 

County. 
No.  12,  to  April  Term,  1860. 
Attachment  Execution. 


And  now,  to  wit,  September  1,  1860,  the  answers  of  the 
above-named  Samuel  Rex,  Garnishee,  being  filed  of  record,  the 
Court  do  adjudge  that  there  is  in  the  hands  of  the  said  Garni- 
shee the  sum  of  five  hundred  dollars,  being  the  amount  admitted 
by  the  said  Garnishee  by  the  said  answers  to  be  due  by  him  to 
John  Gregg,  the  above-named  defendant,  at  the  time  of  the 
service  of  the  above-stated  attachment  execution.  And  the 
Court  do  further  adjudge  that  the  plaintiflF  have  execution  of 
so  much  of  the  debt  due  by  the  said  Samuel  Rex  to  the  said 
John  Gregg,  the  defendant,  and  attached  in  the  hands  of  the 
said  Samuel  Rex,  as  may  satisfy  the  judgment  of  the  plaintiff 
against  the  said  John  Gregg,  with  interest  and  costs ;  and  if 
the  said  Samuel  Rex  refuse  or  neglect,  on  demand  by  the 
Sheriff,  to  pay  the  same,  then  the  same  to  be  levied  of  the  said 
Samuel  Rex,  his  goods  and  lands,  according  to  law,  as  in  the 


PRACTICE.  605 


ease  of  a  judgment  against  him  for  his  proper  debt ;  and  that 
the  said  Samuel  Rex  be  thereupon  discharged  as  against  the 
said  John  Gregg  for  the  sum  so  attached  and  levied  of  the  debt 
and  moneys  in  his  hands. 


32.  Precipe  for  Rule  to  take  Depositions. 

James  Wills  ^  ^^  ^^^  Court  of  Common   Pleas  of  Chester 
(       County. 

^  Debt. 

Enter  Rule  to  take  the  depositions  of  ancient,  infirm  and 
going  witnesses  before  any  Judge,  Justice  of  the  Peace  or  other 
properly  authorized  officer,  in  the  County  of  Chester,  to  be 
,read  in  evidence  on  the  part  of  the  plaintiff  on  the  trial  of  the 
above  cause:  Ux parte  rule  on  fifteen  days'  notice. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  For  Plaintiff. 

Prothonotary.  June  1,  1860. 


33.  Notice  to  take  Depositioiis. 

^  ,-^        >.  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills  |      ^ 

(       County. 

^      ■       (Of  May  Term,  1860.     No.  10. 
John  Gregg.  J  -r^  i 
Debt. 

Sir, — Please  to  take  notice  that,  in  pursuance  of  a  rule  for 
that  purpose,  the  depositions  of  ancient,  infirm  and  going  wit- 
nesses, to  be  read  in  evidence  on  the  part  of  the  plaintiff  on  the 
trial  of  the  above  cause,  will  be  taken  at  the  office  of  John 
Graves,  Esquire,  Justice  of  the  Peace  in  the  borough  of  West 
Chester  and  County  of  Chester,  on  the  first  day  of  July  next, 
between  the  hours  of  ten  o'clock  a.  m.  and  three  o'clock  p.  m. 
of  said  day.  Yours,  &c. 

David  Bond, 

To  Job  Mann,  Esq.,  For  Plaintiff. 

Defendant's  Attorney.  June  10,  1860. 


606  PRACTICE. 


James  Wills 


1 


34.  Depositions. 

In   the  Court   of  Common  Pleas  of  Chester 
County. 


'  (  Of  May  Term,  1860.     No.  10. 

John  Gregg.  J  T^  , 
-^  Debt. 

Depositions  of  witnesses  taken  before  John  Graves,  Esquire, 
Justice  of  the  Peace  of  said  county,  at  his  office  in  the  borough 
of  West  Chester,  on  the  first  day  of  July,  A.  D.  1869,  by  virtue 
of  the  annexed  rule,  and  in  accordance  with  the  annexed  notice. 

Seth  Jones,  a  witness  produced  by  the  plaintiflF,  being  duly 
sworn,  deposes  as  follows,  viz. :  I  am  about  the  age  of  forty 
years,  by  occupation  a  farmer,  residing  in  Penn  Township, 
Chester  County,  &c.  (proceeding  with  testimony). 

Being  cross-examined  by  Job  Mann,  Esq.,  of  counsel  with 
the  defendant,  the  witness  further  deposes  as  follows,  viz.  (pro- 
ceeding with  testimony). 

Witness  sworn,  deposition  read  -.  Seth  Jones. 

over  to  him,  and  subscribed  I 
before  f 

John  Graves,  J.  P.      ^ 

Abel  Lea,  a  witness  produced  by  the  plaintiff,  being  duly 
Bworn,  deposes  as  follows,  viz.  (proceeding  with  testimony). 

Being  cross-examined  by  Job  Mann,  Esq.,  of  counsel  with 
the  defendant,  witness  further  deposes  as  follows,  viz.,  &c.,  &c. 
Witness  sworn,  deposition  read  Abel  Lea. 

over  to  him,  and  subscribed  f 
before  f 

John  Graves,  J.  P.      ^ 

Chester  county,  ss. 

I,  John  Graves  above  named,  a  Justice  of  the  Peace  of  said 
County  of  Chester,  do  certify,  that  Seth  Jones  and  Abel  Lea, 
above-named  witnesses,  produced  by  the  plaintiff  in  the  above 
cause,  were  sworn,  and  their  foregoing  depositions  taken  and 
subscribed  before  me,  at  my  office  in  the  Borough  of  West 
Chester  and  County  of  Chester,  on  the  first  day  of  July,  A.  P. 
1860,  between  the  hours  of  ten  o'clock  a.  m.  and  three  o'clock 


PRACTICE.  607 

P.  M.  of  said  day,  in  tlie  presence  of  David  Bond,  of  counsel 

with  the  plaintiflF  and  Job  Mann,  of  counsel  with  the  defendant. 

Witness  my  hand  and  seal,  the  first  day  of  July,  a.  D.  1860. 

John  Graves,  [l.  s.] 


35.  Interrogatories  on  Commission  to  take  Depositions, — and^ 
Precipe  for  Mule. 

^  __         ^  In  the  Court  of  Common  Pleas  of  Chester 

James  Wills  )      ^ 

(       County. 

^'  [  Of  October  Term,  1860.     No.  10. 

John  Gregg,  j  t^  ,^ 
''  Debt. 

Interrogatories  to  be  propounded  to  the  witnesses  that  may 
be  produced,  sworn  or  affirmed  and  examined  in  the  above  cause 
on  behalf  of  the  plaintiff  above  named. 

Interrogatory  1st.  What  is  your  age,  residence  and  occu- 
pation? 

Interrogatory  2d.  Do  you  know  the  parties  in  the  above 
cause  named  or  either  of  them,  and  which  of  them,  and  how 
long  have  you  known  them  or  either  of  them  ? 

Interrogatory  3d,  &c. 
"  4th,  &c. 

Interrogatory  (last,  numbering  it).  Do  you  know  any 
other  matter  or  thing  that  may  be  material  to  the  plaintiff  in 
the  cause  above  named  ?  If  so,  state  the  same  fully  and  at 
large,  as  if  thereto  particularly  interrogated. 

William  Marshall, 

September  3,  1860.  Attorney  for  Plaintiff. 

Commissioners  on  the  part  of  "■ 
the   Plaintiff    at   Troy,    in    the 
State  of  New  York. 

Enoch  Rex,  Esq.,  and   Seth 
Jones,  Esq.,  or  either  of  them.    . 

Enter  a  rule  for  a  commission  in  the  above  case. 

To  James  Davis,  Esq.,  William  Marshall, 

Prothonotary.  Attorney  for  Plaintiff. 


608  PRACTICE. 

36.   Commission  to  take  Depositions. 

Chester  county,  ss. 

|-^    ,  -|  The  Commonwealth  of  Pennsylvania,  to  Enoch 

Rex,  Esq.,  and  Seth  Jones,  Esq.,  of  Troy,  New 
York  ;   Greeting  : — 

Know  you,  that  we,  in  confidence  of  your  prudence  and 
fidelity,  have  appointed  you,  and  hy  these  presents  Do  give  unto 
you  and  each  of  you  full  power  and  authority  diligently  to  ex- 
amine all  witnesses  whatsoever,  upon  certain  interrogatories 
herewith  exhibited  to  you,  on  the  part  of  James  Wills,  plaintiff 
in  a  certain  action  of  Debt,  in  the  County  Court  of  Common 
Pleas  of  Chester  County,  in  the  said  Commonwealth,  between 
the  said  James  Wills  plaintiff,  and  John  Gregg  defendant,  and 
also  upon  certain  cross-interrogatories  herewith  exhibited,  on 
the  part  of  the  above-named  defendant. 

We  therefore  authorize  and  empower  you  and  each  of  you, 
at  such  certain  days  and  places  to  be  appointed  by  you  for 
that  purpose,  to  cause  the  said  witnesses  to  appear  before  you, 
and  then  and  there,  each  of  them  apart,  to  examine  upon  the 
said  interrogatories  and  cross-interrogatories,  on  their  respective 
oaths  or  solemn  affirmations  first  taken,  and  to  take  such  their 
examinations  and  reduce  them  to  writing ;  and  when  you  shall 
have  taken  them,  you  are  to  send  them  to  our  Judges  at  West 
Chester,  at  our  County  Court  of  Common  Pleas,  there  to  be 
held  on  the  last  Monday  in  April  next,  closed  up  under  your 
seals,  plainly  and  distinctly  set  forth,  together  with  the  said 
interrogatories  and  cross-interrogatories,  and  this  writ. 

Witness  the  Honorable  Townsend  Haines,  Esquire,  President 
of  our  said  Court,  at  West  Chester,  this  eighteenth  day  of  No- 
vember, A.  D.  one  thousand  eight  hundred  and  sixty. 

James  Davis, 

Prothonotary. 


37.  Letter  of  Instruction  to  the  Commissioners. 

Gentlemen  : — 

You  will  receive  herewith  a  commission  issued  by  the  Court 
of  Common  Pleas  of  Chester  County,  in  the  State  of  Pennsyl- 


PRACTICE.  609 

vania,  authorizing  jou,  at  Troy  in  the  State  of  New  York,  to 
examine  witnesses  in  a  certain  cause  depending  in  the  said 
Court,  wherein  James  Wills  is  plaintiff,  and  John  Gregg  de- 
fendant, upon  the  interrogatories  annexed  to  the  commission. 

Having  agreed  upon  the  time  and  place  of  meeting,  of  which 
a  reasonable  notice  should  be  given  to  the  agent  who  superin- 
tends the  execution  of  this  commission,  that  he  may  collect  the 
witnesses,  you  will  proceed  at  the  time  and  place  appointed  to 
execute  the  commission  in  the  following  manner : 

You  will  draw  up  on  paper,  preparatory  to  the  examination 
of  witnesses,  the  style  or  title  of  the  depositions,  viz. :  "  Depo- 
sitions of  witnesses  produced,  sworn  (or  affirmed),  and  examined, 
on  the  tenth  day  of  November,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  at  (naming  the  place),  in 
the  City  of  Troy,  by  virtue  of  a  commission  issuing  from  the 
Court  of  Common  Pleas  of  Chester  County  in  the  State  of 
Pennsylvania,  to  Enoch  Rex  and  Seth  Jones,  directed  for  the 
examination  of  witnesses,  in  a  certain  cause  depending  in  said 
Court,  wherein  James  Wills  is  plaintiff  and  John  Gregg  de- 
fendant." 

You  will  next  administer  to  the  witnesses  whom  you  are  about 
to  examine,  an  oath  or  affirmation,  in  the  established  form  of 
the  place,  to  make  true  answers  to  all  such  questions  as  shall  be 
asked  upon  the  interrogatories  annexed  to  the  commission,  with- 
out favor  or  affection  to  either  party,  and  therein  to  speak  the 
truth,  the  whole  truth,  and  nothing  but  the  truth  :  After  having 
demanded  from  the  witness  his  name,  addition  or  title  and  age, 
you  will  draw  up  in  writing  his  answers  to  the  interrogatories 
as  follows,  "  Abel  Lea  of  the  City  of  Troy,  aged  thirty-five 
years  or  thereabouts,  being  produced,  sworn  (or  affirmed),  and 
examined  on  behalf  of  the  plaintiff  (or  defendant,  as  the  case 
may  be),  deposeth  as  follows  : 

1.  "To  the  first  interrogatory  on  the  part  of  the  plaintiff 
(or  defendant,  as  the  case  may  be),  he  deposeth  as  follows," 
and  then  set  down  his  answer. 

2.  "  To  the  second  interrogatory  on  the  part  of  the  plaintiff 
(or  defendant,  as  the  case  may  be),  he  deposeth  as  follows," 

39 


610  PRACTICE. 

and  so  on  tlirougli  the  rest  of  the  interrogatories,  until  the 
whole  are  answered : 

The  witness  must  subscribe  his  examination  with  his  name, 
and  the  acting  Commissioners  must  subscribe  their  names  oppo- 
site to  his  signature,  for  the  purpose  of  identifying  it,  and  if,  in 
the  course  of  the  examination,  the  witnesses  shall  produce  or 
refer  to  any  paper,  exhibit  or  document,  the  same  must  be 
marked  by  some  letter  or  figure,  and  further  identified  by  the 
acting  Commissioners  in- the  following  manner:  "This  is  the 
paper,  exhibit  or  document  referred  to  by  Abel  Lea  in  his  ex- 
amination, as  the  paper  marked  A,"  to  which  they  will  sign 
their  names  : 

Having  in  this  manner  examined  all  the  witnesses  produced, 
upon  all  the  interrogatories,  such  of  you  as  shall  have  con- 
ducted the  examination,  will  bind  up  the  deposition  and  ex- 
hibits, together  with  the  commission,  some  tape  passing  through 
and  connecting  the  whole,  and  you  will  then  make  the  follow- 
ing endorsement  on  the  commission,  "  The  execution  of  this 
commission  appears  in  a  certain  schedule  hereunto  annexed," 
to  which  you  will  also  subscribe  your  names  : 

Thus  prepared  and  executed,  you  will  enclose  the  same  in  one 
envelope,  sealed  with  your  respective  seals,  your  names  written 
across  or  bv  the  side  of  the  seals,  and  the  whole  endorsed  to 
James  Davis,  Esquire, 

Prothonotary, 

West  Chester, 
Chester  County, 
Pennsylvania. 

And  send  by  mail. 

Yours  respectfully, 
Messrs.  Enoch  Rex  and  1  William  Marshall. 

Seth  Jones.  f 


PRACTICE. 


611 


38.  Affidavits  of  Truth  of  Petition,  ^c. 

Chester  county,  ss. 

John  Wills  being  duly  sworn  says,  that  the  statements  in  the 
foregoing  petition  (or  as  the  case  may  be),  are  true  as  he  verily 
believes. 

Sworn  and  subscribed,  May  1,  ^  John  Wills. 

1860,  before  V 

John  Graves,  J.  P.      J 


39.  Bill  of  Costs. 

James  Wills']  In  the  Court  of  Common  Pleas  of  Chester 

V.  y      County. 

John  Gregg.  J  Debt. 
Tried  May  1,  1860. 

Plaintiff's  Bill  of  Costs  at  Arbitration. 


1.  Subpoena, 

Serving  on  3  witnesses,    . 

20  miles  travel  in  serving, 

Enoch  Rex,  1  day,  . 

10  miles  travel,        .         . 

Seth  Jones,  1  day, 

12  miles  travel,        .         . 

James  Robb,  1  day. 


Plaintiff  paid  Costs  on  Appeal^ 
At  January  Term,  1860. 

1.  Subpoena,  .         .         .         .         . 

Serving  on  3  witnesses,    .         .         .         .         . 
20  miles  travel  in  serving, 


$  .25 

.30 

1.20 

.63 

.30 

.63 
.36 


$1.75 


.93 


.99 
.50 


.25 

.30 

1.20 


1.75 


012  PRACTICE 

Enoch  Rex,  1  day,(a) 
10  miles  travel, 

James  Robb,  1  day. 

At  April  Term, 
1.   Subpoena, 

Serving  on  3  witnesses,    . 
20  miles  travel  in  serving, 

Enoch  Rex,  2  days, 
10  miles  travel, 

Abel  Lea,  2  days, 
2  miles  travel, 

James  Robb,  2  days. 
Plaintiff  paid  verdict  fee, 
Affidavit, 


1860 


.00 
.30 


.25 

.30 

1.20 


$1.30 
.50 


2.00 

.30 

2.00 

.06 

1.75 


2.30 


2.06 

1.00 

4.00 

.10 


$33.93 

Chester  county,  ss. 

James  Wills,  the  above-named  plaintiff,  being  duly  sworn, 
says,  that  the  foregoing  bill  of  costs  is  correct  and  true  ;  that 
the  witnesses  attended  as  is  therein  set  down,  and  that  they 
were  material. 

Sworn  and  subscribed.  May"]  James  Wills. 

1,  1860,  before  I 

John  Graves,  J.  P.      J 


40.  Bill  of  Exceptions. 

Be  it  Remembered,  that  at  the  term  of  August,  a.  d.  1860, 
came  James  Wills  into  the  Court  of  Common  Pleas  of  Chester 
County,  and  impleaded  John  Gregg  in  a  certain  plea  of  debt 
(or  as  the  case  may  be),  in  which  the  said  James  Wills  declared 
{prout  -narr.),  and  the  said  John  Gregg  pleaded  {prout  pleas), 
and  thereupon  issue  Avas  joined. 

And  afterwards,  to  wit,  at  a  session  of  said  Court  held  at 


(a)  The  witness  fees  are  stated  according  to  the  fee-bill  for  Chester  County. 


PRACTICE.  613 

West  Chester  in  the  county  aforesaid,  before  the  Honorable 
William  Butler,  President,  and  his  Associates,  of  the  said  Court 
of  Common  Pleas  on  Monday,  the  ninth  day  of  February,  a.  d. 
1861,  the  aforesaid  issue  came  on  to  be  tried  by  a  jury  of  the 
said  county,  for  that  purpose  duly  impannelled  [prout  list  of 
jurors),  at  which  day  came  as  well  the  said  plaintiff  as  the  said 
defendant,  by  their  respective  attorneys ;  and  the  jurors  of  the 
jury  aforesaid  impannelled  to  try  the  said  issue,  being  also 
called  came,  and  were  then  and  there  in  due  manner  chosen 
and  sworn  or  affirmed  to  try  the  said  issue  ;  and  thereupon  the 
plaintiff  to  maintain  the  issue  on  his  part  produced  and  read  a 
certain  bond  executed  by  the  defendant  John  Gregg  to  the 
plaintiff  for  the  sum  of  one  thousand  dollars,  dated  May  12, 
1858  {prout  said  bond)  (or  called  Samuel  Rex,  &c.,  as  the  case 
may  be.  Set  out  plaintiff's  evidence  at  length,  noting  excep- 
tions to  the  rejection  or  admission  of  testimony),  and  closed  (or 
rested,  as  the  case  may  be). 

And  thereupon  the  defendant  to  maintain  the  issue  on  his 
part  produced  and  read,  &c.  (set  out  defendant's  evidence),  and 
closed. 

Whereupon  the  plaintiff's  counsel  ask  the  Court  to  charge 
the  jury  upon  the  following  points  {prout  points),  which  points 
the  Court  answered  as  follows  {prout  points). 

And  thereupon  the  Court  charged  the  jury  {prout  charge). 

To  which  charge  and  answers  the  plaintiff  excepted  :  And  as 
the  said  several  matters  so  excepted  to  as  aforesaid,  do  not 
appear  by  the  record  of  the  verdict  in  said  cause,  the  attorneys 
for  the  plaintiffs  proposed  this  their  bill  of  exceptions  contain- 
ing the  said  several  matters  of  exception,  and  prayed  the  same 
might  be  sealed,  and  thereupon  the  Court  did  seal  the  same. 

William  Butler. 


PRECIPES. 

41.  In  Account. 


James  Wills  ^ 


f  In    the  Court    of   Common  Pleas  of  Chester 

T         ^  (       County. 

John  Gregg.  J  •' 

Issue  summons  against  the  defendant,  to  answer  the  plaintiff 


614  PRACTICE. 

of  a  plea,  that  he  render  to  him  a  reasonable  account  of  the 
time  he  was  the  bailiflf  of  the  goods  and  receiver  of  the  moneys 
of  the  plaintiff  (or  receiver  of  the  moneys  of  the  plaintiff), 
returnable  to  the  next  term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esquire,  For  Plaintiff. 

Prothonotary. 


42.  In  Assumpsit,  with  Affidavit  that  Debt,  ^c,  is  above  §100. 

p.  593,  pi.  28.     20  March  1810,  5  Sm.  L.  172. 

James  Wills  1     ^      ,      ^  r-  ^  ^,         ^  /^, 

(     In  the  Court  of  Common  Pleas  of  Chester 

John  Gregg.  J        ^^'^^^y* 

Issue  summons  Case  in  Assumpsit.    Returnable  to  next  term. 

Yours,  &c. 

David  Bond 
To  James  Davis,  Esquire,  For  Plaintiff. 

:  Prothonotary.  April  1,  1860. 

Chester  county,  ss. 

James  Wills,  the  plaintiff  above  named,  being  duly  sworn, 
says,  that  he  truly  believes  that  the  damages  sustained  (or 
"  the  debt  due")  in  the  above  suit,  exceed  the  sum  of  one  hun- 
dred dollars. 

Sworn  and  subscribed,  April  1,  ^  James  Wills. 

1860,  before  V 

John  Graves,  J.  P.      J 


4o.  In  Covenant. 

f  In  the  Court  of  Common  Pleas  of  Chester 

-r  ^  f      County, 

John  Gregg.  J  "^ 

Issue  summons  against  the  defendant  to  answer  the  plaintiff 


PRACTICE.  615 

of  a  plea,  that  lie  keep  with  him  the  covenant  made  hy  him  the 
defendant  with  the  plaintiff,  according  to  the  force  and  effect 
of  a  certain  indenture  (or  as  the  case  may  be),  made  between 
them.     Returnable  to  next  term. 

Yours,  &c. 

David  Bond, 

To  James  Davis,  Esquire,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


44.  In  Covenant,  by  Assignee. 

James  Wills,  Assignee   ^ 

of  Seth  Jones,  !  In  the  Court  of  Common  Pleas  of 

V.  [       Chester  County. 

John  Gregg.  J 
Issue  summons  against  the  defendant  to  answer  the  plaintiff 
of  a  plea,  that  he  keep  with  him  the  covenant  made  by  the 
defendant  with  said  Seth  Jones,  according  to  the  force  and 
effect  of  certain  articles  of  agreement  (or  as  the  case  may  be), 
made  between  the  defendant  and  the  said  Seth  Jones.  Return- 
able to  next  term. 

Yours,  &c., 

David  Bond. 
To  James  Davis,  Esquire,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


45.  In  Debt. 

p.  32,  pi.  12.     13  .June  1836,  P.  L.  578. 

James  Wills  ]  i^  ^^^  q^^^^  ^^  Common  Pleas  of  Chester 
County. 


V. 

John  Gregg 


Issue  summons.  Debt  $500.      Returnable  to  the  next  day 
preceding  the  last  day  of  April  Term  next. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esquire,  For  Plaintiff. 

Prothonotary.  April  25,  1860. 


616 


PRACTICE. 


46.  In  Debt.     Qui  tarn. 

James  Wills,  who  sues  as  well  "^ 

for  the  Commonwealth  as  for      In  the  Court  of  Common  Pleas 
himself,  V      of  Chester  County. 

V. 

John  Gregg. 

Issue  summons.  Debt  §200,  returnable  to  the  next  term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esquire,  For  Plaintiff. 

Prothonotary.  April  25,  1860. 


47.  In  Detinue. 


James  Wills  |  j^^  ^^^   q^^^^  ^f  Common  Pleas  of  Chester 

^-  f      County. 

John  Gregg.  J 

Issue  summons  against  the  defendant  to  answer  the  plaintiff 
of  a  plea,  that  he  render  to  him  certain  goods  and  chattels, 
to  wit  (describing  them),  of  the  value  of  two  hundred  dollars, 
which  he  unjustly  detains  from  him,  returnable  to  the  next 
term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esquire,  For  Plaintiff. 

Prothonotary.'  April  25,  1860. 


48.  Dower. 

Sarah  Gregg    "j 

V.  Y  In  the  Court  of  Common  Pleas  of  Chester 

Charles  Gregg.]       County. 

Issue  summons  to  the  defendant,  that  justly  and  without  de- 


PRACTICE.  617 

lay  lie  render  to  the  plaintiff,  ■who  was  the  wife  of  John  Gregg, 
deceased,  one  third  part  of  a  certain  messuage  and  tract  of 
and,  situate  in  the  Township  of  Penn  in  the  County  of  Chester, 
bounded  by  lands  of  Enoch  Rex,  Seth  Jones  and  others,  con- 
taining one  hundred  acres  more  or  less,  with  the  appertenances, 
as  her  reasonable  dower  which  falleth  to  her  of  the  said  free- 
hold of  her  husband  aforesaid  whereof  she  has  nothing ;  return- 
able to  the  next  term. 

Yours,  &c. 

James  Davis,  Esq.,  David  Bond, 

Prothonotary.  For  Plaintiff. 

April  1,  1860. 


49.  In  Ejectment. 

p.  364,  pi.  1.     21  March  1806,  4  Sm.  L.  332. 

James  Wills  1  ^      i      r.  ^   /^  -r^,  r>  ^^ 

in    the   Court  oi    Common   Pleas  oi    Chester 

V. 


John  Gregg,  j         *^""  ^' 


Issue  summons  in  ejectment  against  the  defendant  to  answer 
the  complaint  of  the  plaintiff,  that  the  defendant  has  now  in  his 
actual  possession  a  messuage  and  tract  of  land,  situate  in  the 
Township  of  Penn  in  said  County  of  Chester,  bounded  by  lands 
of  Enoch  Rex,  Seth  Jones,  Abel  Lea  and  others,  containing  one 
hundred  acres  more  or  less,  with  the  appertenances,  the  right 
of  possession  or  title  to  which  the  plaintiff  says,  is  in  him  and 
not  in  the  defendant ;  returnable  to  the  next  term. 

Yours,  &c. 

To  James  Davis,  Esq.,  David  Bond, 

Prothonotary.  For  Plaintiff. 

April  1,  1860. 


.618  PRACTICE. 

50.  Notice  of  Intention  to  Claim  Mesne  Profits. 

_  ,T-         -X  In  the   Court  of   Common    Pleas  of    Chester 

James  \\  ills  )       „ 

f       County. 

^_:  (  Of  April  Term,  1860.     No.  10. 

John  (jtregg.  )  „.     ' 

-^  Ejectment. 

To  Job  Mann,  Esquire,  Defendant's  Attorney : 
Sir,  You  are  hereby  notified  that  it  is  the  intention  of  the 
plaintiff,  on  the  trial  of  the  above-stated  action  of  Ejectment, 
to  proceed  for  mesne  profits. 

Yours,  &c. 

David  Bond, 
May  10,  1860.  For  Plaintiff. 


51.  For  Fieri  Facias. 

T  i-r-         ^  In    the    Court  of  Common    Pleas  of   Chester 

James  ^\ills  )      ^ 

f       County. 

J         p,        ^    {  See  Judgment   entered  January   1,   1860,  in 

JOHN  vjREGG.    I  -nv      1         TIT  /lA 

-^       Judgment  Docket  M,  p.  bO. 
Issue  Fieri  Facias  on  the  above  judgment,  returnable  to  next 
term. 

Debt, $500 

Interest  from  January  1,  1860. 

Plaintiff's  bill  of  costs,  ....  20 

Y^ours,  &c. 
David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff, 

Prothonotary.  April  1,  1860. 


PRACTICE. 


619 


52.  For  Habere  Facias  Possessionem,  ivith  Clause  of  Fieri 
Facias  for  Costs. 


James  Wills 

V. 

John  Gregg. 


In  the   Court  of   Common    Pleas    of  Chester 
County. 
.  See  No.  10,  to  April  Term,  1859. 
Judgment  in  Ejectment,  entered  May  1,  1860, 
in  Judgment  Docket  R,  p.  100. 
Issue  Habere  Facias  Possessionem,  with  clause  of  Fieri  Facias 
for  costs. 

Plaintiff's  hill  of  costs,  $50. 
Returnable  to  next  term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  May  5,  1860. 


James  Wills 


John  Gregg. 


53.  For  Inquiry  of  Damages. 

In  the    Court   of  Common   Pleas   of  Chester 

County. 
See  No.  10,  to  April  Term,  1860. 
Case  in  Assumpsit,  Judgment  by  default  en- 
tered April  30,  1860,  in  Judgment  Docket 
R,  page  91. 

Issue  Writ  of  Inquiry  of  damages,  returnable  to  next  term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  May  5,  1860. 


620  PRACTICE. 


54.  For  Scire  Facias  on  Mortgage. 

P.  328,  pi.  112.    Act  of  1705,  1  Sm.  L.  59. 

James  Wills  1  t      t      /-.  <>   /-.  t»i         p  ^i 

f  In    the   Court  oi    (Jommon    Jrleas  ot   Chester 

^  '  C      County. 

John  Gregg.  J  "^ 

Issue  Scire  Facias  upon  Mortgage  from  John  Gregg  to  James 
Wills,  dated  April  1,  1860,  and  recorded  in  the  Recorder's 
Office  of  Chester  County,  in  Mortgage  Book  M,  page  50,  re- 
turnable to  next  term. (a) 

Yours,  &c. 
David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


James  Wills 


John  Gregg. 


55.  For  Levari  Facias. 

In  the  Court   of  Common   Pleas   of  Chester 
County. 
>.  See  Sci.  Fa.  upon  Mortgage,  No.  10,  to  April 


Term,  1860.     Judgment  entered  April  30^ 
1860,  in  Judgment  Docket  R,  page  80. 

Issue  Levari  Facias,  returnable  to  next  term. 

Debt,  §1000. 

Interest  from  April  30,  1860. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  May  5,  1860. 

(a)  The  Mortgage  should  be  handed  to  the  Prothonotary  with  the  precipe. 


PRACTICE.  621 

56.  In  Case  for  Tort. 

f  In  the  Court  of  Common   Pleas  of  Chester 

T         /^  (       County. 

John  Gregg.  J  -^ 

Issue  summons,  case  in  slander  (or  as  the  case  may  be).  Re- 
turnable to  next  term. 

Yours,  &c. 
David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


57.   Trespass,  False  Imprisonment. 

James  Wills  1  t      i      /m  ,.  /-,  ^^         o  ^■, 

In   the   Court  oi   Common   Pleas  oi    Chester 


in   tne   L 

V.         y 

,         ^  (       County 

John  Gregg,  j  *' 


Issue  summons  against  the  defendant,  to  answer  the  plaintiff, 
wherefore  with  force  and  arms,  &c.,  he  made  an  assault  on  the 
plaintiff,  and  beat,  bruised,  ill-treated  and  imprisoned  the  plain- 
tiff; and  kept,  detained  and  imprisoned  him,  without  any  rea- 
sonable and  probable  cause,  for  a  long  time,  viz.,  for  one  day, 
and  other  wrongs  to  the  plaintiff  did,  to  the  great  damage  of 
the  plaintiff,  &c.     Returnable  to  next  term. 

Yours,  &c. 
David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


James  Wills  ^  ^ 
I  In 


V. 

John  Gregg 


58.    Trespass,  Quare  Olausum  Fregit. 

the  Court  of   Common   Pleas  of  Chester 


r      County 
Issue  summons  against  the  defendant,  to  answer  the  plaintiff 


622  PRACTICE. 

wherefore  with  force  and  arms,  &c.,  he  broke  and  entered  the 
close  of  the  plaintiff  in  said  county,  and  then  and  there  with 
the  horses,  oxen,  wagons  and  carts  of  the  defendant,  tramped 
down,  &c.,  the  grass  and  grain  there  growing,  &c.  (set  out 
grievances),  and  other  wrongs  to  the  plaintiff  then  and  there 
did,  to  the  great  damage  of  the  plaintiff,  &c.  Returnable  to 
next  term. 

Yours,  &c. 
David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


59.   Trespass, — De  Bonis  Asportatis. 

\  In   the    Court  of   Common   Pleas  of   Chester 

T         ^"  1       County. 

John  Gregg.  J  '' 

Issue  summons  against  the  defendant,  to  answer  the  plaintiff, 
wherefore  with  force  and  arms,  he  seized,  took  and  carried 
away  one  wagon  of  the  value  of  fifty  dollars,  &c.,  kc.  (setting 
out  goods),  all  together  of  the  value  of  two  hundred  dollars,  of 
the  goods  and  chattels  of  the  plaintiff,  and  converted  and  dis- 
posed of  the  same  to  his  own  use,  and  other  wrongs  to  the 
plaintiff  did,  to  the  damage  of  the  plaintiff,  &c.  Returnable 
to  next  term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


James  Wills  ^  ^ 
I  in 


60.    Trespass, — Assault  and  Battery. 

the    Court  of  Common   Pleas  of   Chester 


T         r^  I       County. 

John  Gregg,  j  -^ 


Issue  summons  against  the  defendant,  to  answer  the  plaintiff, 
wherefore  with  force  and  arms,  he  assaulted  the  plaintiff  and 


PRACTICE.  623 

then  and  there  kicked  him,  the  plaintiff  (state  particulars),  and 
other  wrongs  to  the  plaintiff  then  and  there  did,  to  the  damage 
of  the  plaintiff,  &c.     Returnable  to  next  term. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  18G0. 


61.  For  Venditioni  Exponas. 

James  Wills  "]  In  the  Court  of  Common  Pleas  of  Chester 

V.  y      County. 

John  Gregg.  J  See  FL  Fa.  No.  10 :  to  April  Term,  1860. 
Issue  venditioni  exponas : — returnable  to  next  term. 

Debt, $500  00 

Interest  from  January  1,  I860. 
Plaintiff's  Bill  of  Costs,  .         .         .         .         20  00 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  May  1,  1860. 


62.  Precipe  for  Scire  Facias  sur  3Iechanic  s  Lien. 

James  Wills       >. 

y.  I  In  the  Court  of  Common  Pleas  of  Ches- 

JoHN  Gregg,  owner  j      ter  County. 
or  reputed  owner. 

See  Mechanic's  Lien  filed  March  1,  1860,  in   Mechanics' 
Lien  Docket  B,  page  50. 

Issue  Scire  Facias  upon  the  above  stated  Mechanic's  Lien, 
returnable  according  to  law. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  April  1,  1860. 


624  PRACTICE. 

63.  Precipe  for  Scire  Facias  sur  Judgment  against  a  Corpora- 
tion having  assigned  its  Property. 

John  Gregg        1  t      i      .^  f  r^  tm 

in   the    Court   of  Common   Pleas  of 

V. 

n,       -r,         -r,  >      Chestcr  County. 

The  Penn  Railroad  [..,„,         i  opa     at     -, 

^  April  Term,  1860.     No.  1. 

Company.  J     ^  ' 

(See  judgment  for  ^500  entered  April  2,  1860,  in  Judgment 
Docket  M,  page  200.) 

Issue  Scire  Facias  sur  judgment  witli  notice  to  Seth  Lea 
claiming  to  hold  and  own  the  real  and  personal  estate  of  said 
defendants. 

Yours,  &c. 

David  Bond, 
To  James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  July  1,  1860. 


64.  Precipe  and  Affidavit  for  Attachment  against  a  removing 
Defendant,  c^-c. 

p.  1540,  pi.  1,  et  stq.     17  March  1869,  P.  L.  8. 

I  In  the  Common  Pleas  of  Chester  County. 

^      ^\  (  Of  April  Term,  1860.     No.  10. 

Seth  Lea.     J 

Issue  Attachment  in  Case,  against  defendant,  returnable,  &c. 

W.  S.  Marshall, 
James  Davis,  Esq.,  For  Plaintiff. 

Prothonotary.  March  1,  1860. 

Chester  county,  ss. 

John  Gregg  the  plaintiff  above  named  being  duly  sworn  says, 
that  the  said  Seth  Lea  is  justly  indebted  to  him  in  a  sum  ex- 
ceeding one  hundred  dollars,  the  nature  and  amount  of  such 
indebtedness  being  as  follows  (state  particulars  and  amount  of 
indebtedness),  and  that  the  said  Seth  Lea  is  about  to  remove  his 
property  out  of  the  jurisdiction  of  the  Court  of  Common  Pleas 


PRACTICE.  625 

of  Chester  County  with  intent  to  defraud  his  creditors  (or  as 
the  case  may  be). 

Sworn  and  subscribed,  March  ^  John  Gregg. 

1,  1860,  before  I 

James  Davis,  [ 

Prothonotary.      ^ 


65.  Bond  before  issuing  Attachment. 

John  Gregg  ^  r    .^    r^  ^  ^  ^, 

\  in  the  Court  of  Common  Pleas. 

SethLea.    J  Of  April  Term,  3860.     No.  10. 

Know  all  men  by  these  presents,  that  we,  John  Gregg  the 
plaintiff  above  named,  George  Rex  and  Abel  Jones,  all  of  the 
County  of  Chester,  are  held  and  firmly  bound  unto  Seth  Lea, 
the  defendant  above  named,  in  the  sum  of  one  thousand  dollars, 
to  be  paid  to  the  said  Seth  Lea,  his  executors,  administrators 
and  assigns,  to  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves  jointly  and  severally,  our  executors  and  admin- 
istrators, firmly  by  these  presents:  Sealed  with  our  seals,  dated 
the  first  day  of  March,  A.  D.  one  thousand  eight  hundred  and 
sixty. 

Whereas,  the  said  John  Gregg  has  made  application  to  the 
Prothonotary  of  said  Court,  to  issue  an  Attachment  in  the 
above-stated  action  against  the  said  Seth  Lea : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 

John  Gregg  shall  fail  to  prosecute  his  said  action  with  effect 

and  recover  a  judgment  against  the  said  Seth  Lea,  he  the  said 

John  Gregg  shall  pay  to  the  said  Seth  Lea  all  legal  costs  and 

damages  which  the  said  Seth  Lea  may  sustain  by  reason  of 

said  attachment ;  then  this  obligation  to  be  void,  or  else  to  be 

and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  ^  t         /-             .-        -. 

c  I  John  Gregg,  Tl.  s.l 

in  presence  oi  „  ^        \.       i 

*^  T  I,    -D     1  r  George  Rex,  Tl.  s.l 

John  Jttoyd  (  .          .,          '  "i       :J 

T         T-.     .  )  Abel  Jones.   Tl.  s.l 

James  Davis.  -^  "-        -■ 

40 


626 


PPtACTICE. 


66.   Certificates  of  Authentication. 

Act  of  Congress,  26  May  1790.     Purdon  1024. 

Commonwealth  of  Pennsylvania,  1 
County  of  Chester.  J 

I,  Alfred  Rupert,   Prothonotary  of  the  Court  of  Common 
Pleas  of  said  county  of  Chester,  do  hereby  certify  that  the 
foregoing  twenty-five  (or  as  the  number  may  be)  pages,  contain 
a  full  and  correct  transcript  of  the  whole  record  and  judicial 
proceedings   in  a  certain  cause  instituted  in  the  said  Court, 
wherein  George  Wills  is  plaintiff  and  John  Gregg  is  defendant, 
as  full  and  entire  as  the  same  remain  of  record  in  said  Court. 
In  witness  whereof,  I  have  hereunto  set  my  hand 
po     1  -1     and  affixed  the  seal  of  the  said  Court,  this  tenth 
day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-six. 

jAlfred  RuPEPtT,  Prothonotary. 
I,  William  Butler,  President  Judge  of  the  Fifteenth  Judicial 
District  of  the  Commonwealth  of  Pennsylvania,  composed  of 
the^counties  of  Chester  and  Delaware,  do  certify  that  the  fore- 
going attestation  is  in  due  form  of  law.  Witness  my  hand,  the 
tenth  day  of  December,  a.  d.  1866. 

William  Butler,  President  Judge. 


67.   Certificates  of  Authentication. 

Act  of  Congress,  27  March  1S04.     Purdon  1024. 

Commonwealth  of  Pennsylvania,  \ 
County  of  Chester.  J 

I,  Levi  G.  McCaulley,  Register  of  Wills  in  and  for  said 
county,  do  hereby  certify  that  the  foregoing  is  a  true  copy  of 
the  last  will  and  testament  of  John  Gregg,  late  of  the  Township 
of  Penn  in  said  county,  deceased,  as  the  same  remains  on  file 
and  of  record  in  my  office  in  Will  Book  X,  vol.  24,  page  275 ; 
and  also  of  the  probate  and  letters  testamentary  duly  granted 
thereon. 

In  witness  whereof  I  have  hereunto  set  my  hand 
and  affixed  the  seal  of  the  said  office,  this  tenth 
L        '-I      day  of  IMay,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy. 

Levi  G.  McCaulley,  Register. 


QUO    WARRANTO.  627 

I,  William  Butler,  President  Judge  of  the  Fifteenth  Judicial 
District  of  the  Commonwealth  of  Pennsylvania,  composed  of 
the  counties  of  Chester  and  Delaware,  do  hereby  certify  that 
the  foregoing  attestation  is  in  due  form  and  by  the  proper  oflficer. 

Witness  my  hand,  the  tenth  day  of  May,  A.  d.  1870 

William  Butler, 

President  Judge. 
Commonwealth  of  Pennsylvania,  1 
County  of  Chester.  / 

I,  S.  G.  Willauer,  Prothonotary  of  the  Court  of  Common 
Pleas  of  said  County  of  Chester,  do  hereby  certify  that  the 
Honorable  William  Butler,  whose  signature  is  affixed  to  the 
foregoing  certificate,  was  at  the  time  the  same  bears  date  and 
now  is  President  Judge  of  the  Fifteenth  Judicial  District  of 
the  Commonwealth  of  Pennsylvania,  composed  of  the  counties 
of  Chester  and  Delaware,  duly  commissioned  and  qualified. 

In  witness  whereof  I  have  hereunto  set  my  hand 
and  the  seal  of  the  said  Court,  this  tenth  day  of 
L  ®^  -J      May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seventy. 

S.  G.  Willauer, 

Prothonotary. 


QUO    WARKANTO. 
1.  Suggestion. 

p.  832,  pi.  2,  3.     P.  833,  pi.  7.     14  June  1836,  P.  L.  62.3,  624. 

The  Commonwealth  of  Penn-"" 
SYLVANIA,  ex  relatione  James 


Wills, 

V. 

John  Gregg. 


In  the  Court  of  Common  Pleas 
of  Chester  County. 


Chester  county,  ss. 

James  Wills,  who  sues  in  this  behalf  for  the  Commonwealth 
of  Pennsylvania,  this  first  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty,  comes  here  into 


628  QUO  WARRANTO. 

Court  and  for  tlie  said  Commonwealth,  gives  the  Court  here  to 
understand  and  be  informed,  that  John  Gregg,  since  the  six- 
teenth day  of  November  hist,  has  exercised  and  still  does  exer- 
cise the  franchises,  rights  and  privileges  of  President  of  The 
Penn  Railroad  Company,  a  corporation  created  by  authority 
of  law,  and  having  its  chief  place  of  business  in  the  said  County 
of  Chester,  without  lawful  authority ;  that  on  the  day  last 
aforesaid,  the  above-named  James  Wills  was,  in  due  and  regular 
form  of  law,  elected  President  of  said  Railroad  Company, 
agreeably  to  the  provisions  of  an  Act  of  Assembly  passed  the 
first  day  of  February,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty,  entitled  "  An  Act  incorporating  the 
Penn  Railroad  Company  ;"  but  notwithstanding  said  election, 
the  said  John  Gregg  has,  for  the  time  aforesaid,  used  and  still 
does  use  the  franchises,  rights  and  privileges  aforesaid,  and 
during  the  said  time  has  usurped  and  does  usurp  on  the  Com- 
monwealth therein,  to  the  great  damage  and  prejudice  of  the 
Constitution  and  laws  thereof: 

Whereupon  the  said  relator  for  the  said  Commonwealth  does 
make  suggestion  and  complaint  of  the  premises,  and  prays  due 
process  of  law  against  the  said  John  Gregg  in  this  behalf  to  be 
made,  to  answer  to  the  said  Commonwealth,  by  what  warrant 
he  claims  to  have,  use  and  enjoy  the  franchises,  rights  and 
privileges  aforesaid. 

Chester  county,  ss. 

James  Wills,  above  named,  being  duiy  sworn  says,  that  the 
statements  in  the  foregoing  suggestion  are  true  as  he  verily 
believes. 

Sworn  and  subscribed,  Jan.  ^  James  Wills. 

1,  1860,  before  V 

John  Graves,  J.  P.      J 

Undorsement. 

Commonwealth  of  Pennsylvania,  at  the  relation  of 

James  Wills, 

V. 

John  Gregg. 
Suggestion  for  quo  ivan'anto. 


QUO    WARRANTO.  629 


2.  Rule  to  Show  Cause,  ^c. 

P.  832,  pi.  1,  Ac.     14  June  1836,  P.  L.  623. 

The  Commonwealth  of  Pennsyl-  ^  .,      i     ^      ,     ^  ^ 

,    .        T  ,„  I  in    the  Court  ot    Com- 

vania,  ex  relatione  James  Vv  ills,  t^,         c-  r^-,     . 

>      mon  Fleas  ot  Chester 

T  '  I       County. 

John  Gregg.  -^  "^ 

And  now,  January  1,  1860,  On  motion  of  David  Bond, 
Esquire,  of  counsel  with  the  said  James  Wills,  and  affidavit 
filed,  a  rule  is  granted  on  the  said  John  Gregg,  to  appear  on 
the  last  Monday  of  January  instant,  and  show  cause  why  a  writ 
of  quo  ivarranto  should  not  issue  against  him,  to  show  by  what 
authority  he  exercises  the  office  of  President  of  "  The  Penn 
Railroad  Company." 


3.    Order  to  Issue  Writ. 

p.  832,  pi.  1,  &c.     14  June  1836,  P.  L.  623. 

The  Commonwealth  of  Pennsyl-.  t      i     />,  ^  /^ 

-    .        -r  ,„  I  in    the  Court   ot    Com- 

VANIA,  ex  relatione  d A'UL^B  Wills,  -t,,  „  „, 

>      mon  Pleas  oi  Chester 

,  „  )       County. 

John  Gregg.  ^  '' 

And  now,  January  30,  1860,  On  the  hearing  of  the  rule  to 
show  cause,  &c.,  in  this  case,  the  said  rule  is  made  absolute,  and 
the  Court  direct  that  a  quo  ivarranto  do  issue  against  the  said 
John  Gregg,  to  show  by  what  authority  he  exercises  the  office 
of  President  of  "  The  Penn  Railroad  Company." 

By  the  Court. 


630  QUO    WARRANTO. 

4.  Plea. 

P.  833,  pi.  9.     14  June  1836,  P.  L.  624. 


The  Commonwealth  or  Pennsyl- 
vania, ex  relatione  James  Wills, 

V. 

John  Gregg. 


In  the  Court  of  Com- 
mon Pleas  of  Chester 
County. 

Of  May  Term,  1860. 
No.  1. 

Quo  Warranto. 

And  now,  this  first  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty,  comes  the  above-named 
John  Gregg  by  Job  Mann  his  attorney,  and  protesting  that  the 
suggestion  filed  in  this  case  is  altogether  insufficient  in  law,  and 
that  he  need  not,  according  to  the  law  of  the  land,  make  answer 
thereto,  nevertheless,  for  a  plea  in  this  behalf  says,  that  the 
said  Commonwealth  ought  not  to  implead  him  by  reason  of  the 
several  matters  and  things  in  the  said  suggestion  set  forth, 
because  he  says,  that  on  the  day  and  year  in  the  said  sugges- 
tion mentioned,  to  wit,  on  the  sixteenth  day  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-nine, 
according  to  the  provisions  of  the  said  Act  of  Assembly,  he  was 
duly  elected,  constituted  and  appointed  President  of  the  said 
Penn  Railroad  Company,  by  force  of  which  election  and  appoint- 
ment so  made,  as  aforesaid,  he  says,  that  he  became  lawfully 
authorized  and  entitled  to  take  upon  himself  to  exercise  and 
enjoy  the  said  office  as  President  of  the  said  Railroad  Company, 
and  the  franchises,  rights  and  privileges  thereunto  belonging 
and  appertaining,  within  the  said  County  of  Chester ;  and  the 
defendant  in  fact  says,  that  he  did  thereupon  accept  and  take 
upon  himself  the  said  oflSce,  and  that  he  hath  ever  since  exer- 
cised and  continued  to  exercise  the  same,  in  the  said  County 
of  Chester,  by  virtue  of  the  authority  so  to  him  granted  by  the 
said  election  and  appointment,  and  by  virtue  of  the  said  Act  of 
Assembly,  all  which  he  is  ready  to  verify : 

"Without  this,  that  on  the  sixteenth  day  of  November  afore- 
said, or  at  any  other  time  before  or  since,  the  said  relator  was 
in  due  and  resular  form  of  law,  elected  President  of  said  Rail- 


QUO    WARRANTO.  631 

road  Company,  as  he  has  suggested  to  this  Honorable  Court, 
and  without  tliis,  that  by  reason  of  any  matter  or  thing  ■what- 
soever, the  said  office  of  him,  this  defendant,  and  his  right  to 
have,  exercise  and  enjoy  the  same,  together  with  the  franchises, 
liberties  and  privileges  thereunto  belonging  and  appertaining, 
have  been  in  anywise  vacated,  determined  or  abridged  :  Where- 
fore the  defendant  prays  judgment,  and  that  the  office,  fran- 
chises, liberties  and  privileges  by  him  claimed  as  aforesaid,  may 
be  adjudged  and  allowed  to  him,  and  that  he  may  be  dismissed 
and  discharged  by  the  Court  hereof,  and  from  the  premises 
above  charged  on  him,  &c. 

Job  Mann, 

For  Defendant. 


5.  Rejilication. 

p.  833,  pi.  9.     14  June  1836,  P.  L.  624. 


In  the  Court  of  Common  Pleas 

of  Chester  County. 
Of  May  Term,  1860.    No.  1. 
Quo  Warranto. 


The  Commonwealth  of  Penn-^ 
SYLVANIA,  ex  relatione  James 
Wills,  f 

V. 

John  Gregg. 

And  the  said  relator,  who  prosecutes  for  the  Commonwealth 
in  this  behalf,  having  heard  the  plea  of  the  said  John  Gregg 
in  manner  and  form  aforesaid,  above  pleaded  in  bar  to  the  said 
suggestion  for  the  said  Commonwealth,  says,  that  by  reason  of 
anything  in  that  plea  alleged,  the  said  Commonwealth  ought 
not  to  be  barred  from  having  the  said  suggestion  against  the 
defendant,  because  protesting  that  the  said  plea  and  the  mat- 
ters therein  contained,  are  not  sufficient  in  law  to  bar  the  said 
Commonwealth  from  having  the  aforesaid  suggestion  against 
the  said  defendant,  to  which  plea  in  manner  and  form  above 
pleaded,  the  said  relator  is  under  no  necessity,  nor  in  anyways 
obliged  by  the  law  of  the  land  to  answer  : — for  replication  never- 
theless, the  said  relator  says,  that  the  said  defendant  was  not  on 
the  said  sixteenth  day  of  November  in  said  plea  mentioned, 


632  QUO    -WARRANTO. 

or  at  any  other  time,  according  to  the  provision  of  the  said  Act 
of  Assembly,  duly  elected,  constituted  and  appointed  President 
of  the  said  Railroad  Company,  and  that  the  said  defendant 
did  not  become  lawfully  authorized  and  entitled  to  take  upon 
him  to  exercise  and  enjoy  said  office,  as  President  of  the  said 
Railroad  Company,  and  the  franchises,  rights  and  privileges 
thereunto  belonging  and  appertaining  within  the  said  county. 
And  of  this  the  said  relator  puts  himself  upon  the  country,  &c. 

David  Bond, 

For  Relator. 


6.  Similiter. 

p.  833,  pi.  9.     14  June  1836,  P.  L.  624. 


The  Commonwealth  op  Penn- 
sylvania, ex  relatione  James 


In  the  Court  of  Common  Pleas 
of  Chester  County. 


Wills,  \  Of    January    Term,    1860. 

V. 

John  Gregg. 


No.  1. 
Quo  Warranto. 

And  the  said  defendant,  as  to  the  replication  of  the  said  re- 
lator by  him  above  replied,  and  whereof  he  has  put  himself  upon 
the  country,  does  the  like. 

Job  Mann, 

For  Defendant. 


The  Commonwealth  of  Penn- 
sylvania, ex  relatione  James 
Wills, 

V. 

John  Gregg. 


7.    Demurrer. 

p.  833,  pi.  9.     14  June  1836,  P.  L.  624. 

In  the  Court  of  Common  Pleas 
of  Chester  County. 
\  Of     January     Term,     1860. 
No.  1. 
Quo  Warranto. 


And  now.  May  1,  1860,  comes  the  said  John  Gregg  into 
Court,  and  says,  that  the  Commonwealth  ought  not  to  impeach 
or  implead  him  the  said  John  Gregg,  by  reason  of  the  premises 


QUO    WARRANTO.  633 

in  the  said  suggestion  above  mentioned  and  specified,  because 
he  says,  that  the  said  suggestion  and  the  matters  therein  con- 
tained are  not  sufficient  in  law,  and  that  he  need  not  nor  is  he 
obliged  by  the  law  of  the  land  to  answer  thereto,  and  this  he 
is  ready  to  verify  : — wherefore,  and  because  of  the  insufficiency 
of  the  said  suggestion,  the  said  defendant  prays  judgment,  and 
that  he  may  be  dismissed  and  discharged  by  the  Court  hereof, 
and  from  the  premises  above  charged  upon  him,  in  form  aforesaid : 
(If  the  demurrer  be  special,  proceed)  And  the  said  defendant 
according  to  the  form  of  the  statutes  in  such  case  made  and 
provided,  sets  down  and  shows  to  the  Court  here  the  followinfir 
causes  of  demurrer  to  the  said  suggestion,  that  is  to  say,  for 
that  (set  out  causes). 

Job  Mann, 

For  Defendant. 


8.  Joinder  in  Demurrer. 

p.  833,  pi.  9.     14  June  1836,  P.  L.  624. 

The  Commonwealth  of  Penn-  "]  In   the    Court   of   Common 

SYLVANIA,  ex  relatione  James  Pleas  of  Chester  County. 

Wills,  I  Of    January    Term,    1860. 

V.  No.  1. 

John  Gregg.  Quo  Warranto. 

J 

And  the  said  relator  says,  that  the  said  suggestion  and  the 
matters  therein  contained  are  sufficient  in  law,  and  this  the  said 
relator  is  ready  to  verify  and  prove,  as  the  Court  shall  award ; 

Wherefore,  inasmuch  as  the  said  defendant  has  not  answered 

to  the  said  suggestion  nor  in  anywise  denied  the  matters  therein 
contained,  he,  the  said  relator,  prays  judgment,  and  that  the  said 
defendant  may  be  convicted  of  the  matters  charged  upon  him, 
and  that  he  may  be  fore-judged,  ousted  and  altogether  excluded 
from  the  said  office  of  President  of  the  said  Railroad  Com- 
pany, and  the  franchises,  rights  and  privileges  thereto  belonging 
and  appertaining. 

David  Bond, 

For  Relator. 


634  QUO  WARRANTO. 

9.  Judgment  on  Demurrer. 

P.  833,  pi.  11.     p.  834,  pi.  19.     14  June  1836,  P.  L.  625.     13  April  1840,  P.  L.  323. 


In    the    Court    of  Common 
Pleas  of  Chester  County, 


The  Commonwealth  of  Penn- 
sylvania, ex  relatione  James 
Wills,  [>  Of    January    Term,     1860 

V. 

John  GREGa. 


No.  1. 
Quo  Warranto. 

And  now,  June  10,  1860,  all  and  singular  the  premises  being 
seen  and  fully  understood  by  the  Court,  It  is  considered  and 
adjudged  by  the  said  Court,  that  the  said  suggestion,  and  the 
matters  therein  contained,  are  suflScient  in  law :  It  is  thereupon 
considered  and  adjudged,  that  the  said  John  Gregg  is  guilty  of 
usurping,  intruding  into,  and  unlawfully  holding  and  exercising 
the  office  of  President  of  the  said  Penn  Railroad  Company, 
and  the  franchises,  rights  and  privileges  thereunto  belonging 
and  appertaining,  and  the  Court  here  do  give  judgment  that 
the  said  John  Gregg  be  ousted  and  altogether  excluded  from 
said  office,  franchises,  rights  and  privileges ;  and  that  the  said 
James  Wills  do  recover  from  the  said  John  Gregg,  his  costs  in 
this  behalf  expended,  (if  the  case  require  it ; — proceed)  and  the 
Court  do  further  decide,  that  the  said  James  Wills,  the  relator, 
was  legally  elected  President  of  the  said  Penn  Railroad  Com- 
pany. 


10.    Verdict. 

p.  833,  pi.  11.     14  June  1836,  P.  L.  625. 

The  Commonwealth  of  Penn-  ")    In   the    Court   of  Common 


SYLVANIA,  ex  relatmie  James  Pleas  of  Chester  County. 

Wills,  >  Of    January    Term,    1860. 

V.  No.  1. 

John  Gregg.  J    Quo  Warranto. 

And  now,  August  1,  1860,  a  jury  is  called,  elected  by  ballot, 

viz. :  Seth  Jones,  &c.  (naming  jurors),  twelve  good  and  lawful 

men  of  said  County  of  Chester,  who  being  sworn  and  affirmed 


QUO    WARRANTO.  635 

according  to  law,  August  3,  1860,  do  say  and  find,  that  the 
said  John  Gregg  is  guilty  of  usurping  and  intruding  into,  and 
unlawfully  holding  and  exercising  the  ofiice  of  the  President  of 
the  Penn  Railroad  Company,  and  the  rights,  franchises  and 
privileges  thereunto  belonging  and  appertaining. 


11.  hij unction. 

p.  833,  pi.  13.     14  June  1S36,  P.  L.  625. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  John  Gregg  ; 

•-        '^  Greeting : 

Whereas  in  a  certain  writ  of  Quo  Warranto,  issued  by  us  out 
of  our  Court  of  Common  Pleas  of  said  County  of  Chester,  upon 
the  suggestion  in  that  behalf  of  James  Wills,  commanding  you 
to  show  to  the  Judges  of  our  said  Court  at  West  Chester  for 
said  County  of  Chester,  on  a  day  in  said  writ  particularly  set 
down,  by  what  authority  you  claim  to  exercise  the  office  of 
President  of  the  Penn  Railroad  Company  in  the  said  county, 
and  enjoy  the  rights,  franchises  and  privileges  thereunto  be- 
longing and  appertaining ;  it  was  so  proceeded  in,  in  the  said 
Court  before  the  said  Judges,  that  on  the  first  day  of  August 
last  past,  it  was  considered  that  you,  the  said  John  Gregg,  were 
guilty  of  usurping  and  intruding  into,  and  unlawfully  holding 
and  exercising  the  said  office  of  President  of  the  said  Penn 
Railroad  Company  and  the  franchises,  rights  and  privileges 
thereunto  belonging  and  appertaining,  and  thereupon  our  said 
Court  gave  judgment  that  you  shouid  be  ousted  and  altogether 
excluded  from  said  office,  franchises,  rights  and  privileges,  and 
that  the  said  James  Wills  should  recover  against  you  his  costs 
in  that  behalf  by  him  expended.  We  therefore,  in  considera- 
tion of  the  premises,  do  strictly  command  and  enjoin  you,  the 
said  John  Gregg,  that  you  do  absolutely  desist  from  exercising 
the  said  office  of  President  of  the  Penn  Railroad  Company, 
and  the  franchises,  rights  and  privileges  thereunto  belonging 
and  appertaining :  Witness  the  Honorable  Townsend  Haines, 
President  of  our  said  Court,  at  West  Chester,  the  first  day  of 


636  QUO    WARRANTO. 

September,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty. 

James  Davis, 

Prothonotary. 


12.  Disclaimer  of  Defendant. 

p.  833,  pi.  11.     1  June  1836,  P.  L.  625. 

The  Commonwealth  of  Penx-  1  In    the    Court   of  Common 
SYLVANIA,  ex  relatione  James 


Wills, 


V. 

John  Gregg. 


Pleas  of  Chester  County. 
J>Of    January     Term,    1860. 
No.  1. 
Quo  Warranto. 

And  now,  February  1,  1860,  comes  the  said  John  Gregg  by 
Job  Mann,  his  attorney  specially  constituted,  and  having  heard 
the  suggestion  in  this  case  read,  says,  that  he  does  altogether 
disavow  and  disclaim  the  office,  franchises,  rights  and  privileges 
in  said  suggestion  above  mentioned,  and  confesses  and  acknow- 
ledgeth  the  said  usurpation  in  manner  and  form  as  in  the  said 
suggestion  above  is  alleged :  Whereupon,  all  and  singular  the 
premises  being  seen  and  fully  understood  by  the  Court,  it  is 
considered  and  adjudged  by  the  said  Court  here,  that  the  said 
John  Gregg  be  ousted  and  altogether  excluded  from  the  said 
office,  franchises,  rights  and  privileges,  and  that  the  said  relator 
do  recover  from  the  said  John  Gregg  his  costs  in  this  behalf  by 
him  expended. 


13.   Substitution  of  Another  Party. 

p.  S34,  pi.  IS.     13  April  1S40,  P.  L.  323. 

The  Commonwealth  of  Penn-  ^  In    the    Court   of  Common 
SYLVANIA,  ex  relatione  James  Pleas  of  Chester  County. 

Wills,  I  Of    January    Term,    1860. 

V.  No.  1. 

John  Gregg.  J  Quo  Warranto. 

And  now,  May  1,  1860,  comes  the  said  James  Wills  into 


RAILROADS.  637 

Court,  and  for  the  said  Commonwealth  gives  the  Court  here  to 
be  informed  and  understand,  that  he,  the  said  James  Wills,  did 
on  the  twentieth  day  of  April  last  resign  his  said  office  of 
President  of  the  Penn  Railroad  Company,  as  in  said  sugges- 
tion is  mentioned,  and  that  on  the  same  day  George  Fox  was 
regularly  elected  and  appointed  to  fill  said  office  of  President 
aforesaid,  in  the  place  of  the  said  James  Wills,  and  thereupon 
the  Court  do  order  and  decree,  that  the  said  George  Fox  shall 
be  substituted  in  the  room  and  stead  of  the  said  James  Wills, 
and  direct  that  personal  notice  of  said  substitution  be  served 
on  the  said  George  Fox. 


RAILROADS. 

LATERAL. 

Notice  of  Application. 

P.  847,  pL  52.     5  May  1832,  P.  L.  502. 

To  Wilson  Rea,  Amos  Rhoads  and  Robert  Rex  : — 
You  will  please  to  take  notice,  that  the  undersigned  intend  to 
apply  to  the  Court  of  Common  Pleas  of  the  County  of  Chester, 
at  the  next  regular  session  thereof,  to  be  held  on  the  twenty- 
sixth  day  of  April  next,  for  a  railroad  from  their  limestone 
quarries  and  lime-kilns,  situate  in  the  Township  of  East  White- 
land  in  said  county,  on  a  lot  or  piece  of  land  adjoining  lands 
of  the  said  Wilson  Rea  and  others,  to  the  Chester  Valley  Rail- 
road, at  a  point  on  land  of  the  said  Robert  Rex,  in  the  same 
Township  of  East  Whiteland,  and  that  the  route  of  the  con- 
templated railroad  will  be  over  lands  of  which  you  are  the 
owners. 

John  Gregg, 
April  2,  1856.  George  Wills. 


638  RAILROADS. 

2.  Affidavit  of  Service. 

Chester  county,  ss. 

Henry  Wallings  being  duly  affirmed  says,  that  he  served  a 
notice,  of  which  the  within  is  a  true  copy,  as  follows,  viz. :  On 
the  said  Wilson  Rea,  by  giving  him  said  notice  personally,  on 
the  second  day  of  April  instant,  and  upon  Robert  Rex,  by 
leaving  said  notice  in  the  presence  of  an  adult  member  of  his 
family  at  his  dwelling-house,  and  upon  the  said  Amos  Rhoads, 
on  the  third  day  of  April  instant,  by  leaving  said  notice  with 
an  adult  member  of  the  family  in  which  said  Amos  Rhoads 
resides,  this  deponent  not  being  able  conveniently  to  find  the 
said  Robert  Rex  and  Amos  Rhoads. 

Sworn  and  subscribed,  April  \  Henry  Wallings. 

26,  1856,  before  I 

Henry  Fleming,    J.  P.  j 


3.  Affidavit  on  Kon-residence,  ^-c. 

p.  847,  pL  52.     5  May  1832,  P.  L.  502. 

Chester  county,  ss. 

John  Gregg  and  George  Wills,  being  severally  sworn  in  due 
form  of  law  say,  that  it  is  their  intention  to  file  a  petition  in 
the  Court  of  Common  Pleas  of  Chester  County,  at  the  next 
regular  session  thereof,  to  be  held  on  the  twenty-sixth  day  of 
April  next,  for  a  railroad  from  their  limestone  quarries  and 
lime-kilns,  on  a  lot  or  piece  of  land  in  East  Whiteland  Town- 
ship in  said  county,  adjoining  lands  of  Wilson  Rea  and  others, 
to  the  Chester  Valley  Railroad,  at  a  point  on  lands  of  Robert 
Rex  in  the  same  township  ; — that  the  route  of  the  contemplated 
railroad  will  pass  over  two  tracts  or  pieces  of  land  in  said 
township,  one  of  them  lying  between  lands  of  said  Wilson  Rea 
and  Amos  Rhoads,  and  the  other  lying  between  lands  of  the 
said  Amos  Rhoads  and  the  said    Robert  Rex,   and  that  the 


RAILROADS.  639 


owners  of  said  two  tracts  or  pieces  of  land  are  unknown  to  the 
deponents. 

Sworn  and  subscribed,  March  ~|  John  Gregg, 

14,  1856,  before  >  George  Wills. 

Henry  Fleming,  J.  P.    J 


4.  Notice  for  Newspaper. 

P.  847,  pi.  52.     5  May  1832,  P.  L.  502. 

To  all  persons  whom  it  may  concern : — 

Notice  is  hereby  given,  that  the  undersigned  intend  to  apply 
to  the  Court  of  Common  Pleas  of  Chester  County,  at  the  next 
regular  session  thereof,  to  be  held  on  the  twenty-sixth  day  of 
April,  A.  D.  one  thousand  eight  hundred  and  fifty-six,  for  a  rail- 
road from  their  limestone  quarries  and  lime-kilns,  on  a  lot  or 
piece  of  land  in  East  Whiteland  Township,  in  said  County  of 
Chester,  adjoining  lands  of  Wilson  Rea  and  others,  to  the  Ches- 
ter Valley  Railroad,  at  a  point  on  land  of  Robert  Rex  ; — and 
that  the  route  of  the  contemplated  railroad  will  pass  over  two 
tracts  or  pieces  of  land  in  said  township,  one  of  them  lying  be- 
tween lands  of  the  said  Wilson  Rea  and  Amos  Rhoads,  and  the 
other  of  them  lying  between  lands  of  the  said  Amos  Rhoads 
and  Robert  Rex,  the  owners  of  which  said  lots  or  pieces  of  land 

are  unknown. 

John  Gregg, 

March  15,  1856.  George  Wills. 


6.  Affidavit  of  Publication. 


\  COPY   OF  X 
I     NOTICE.    K 

V> « 


Chester  county,  ss. 

John  James,  being  duly  sworn,  says,  that  he  is  the  publishrf 
of  a  public  newspaper  called  the  "  Star,"  printed  in  said  County 
of  Chester,  and  that  a  notice,  of  which  the  annexed  is  a  true 
copy,  was  published  in  said  newspaper  for  three  successive  weeks, 


640  RAILROADS. 

viz.,  on  the  fifteentli,  twenty-second  and  twentj-ninth  days  of 
Marcli,  A.  D.  1856. 

Affirmed  and  subscribed,  ApriH  JOHN  James. 

26,  1856,  before  V 

Henry  Fleming,  J.  P.    J 


6.  Petition  for  Lateral  Railroad. 

p.  846,  pi.  49.     P.  848,  pi.  65.     5  May  1832,  P.  L.  501.     28  Marcli  1840,  P.  L.  196. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg  and  George  Wills,  Respectfully 
represents. 

That  they  are  the  owners  of  certain  limestone  quarries  and 
lime-kilns,  on  a  lot  or  piece  of  land  in  East  Whiteland  Township, 
in  said  County  of  Chester,  adjoining  lands  of  Wilson  Rea  and 
others,  and  being  in  the  vicinity  of  the  Chester  Valley  Rail- 
road, not  more  than  three  miles  therefrom ;  that  they  have  sur- 
veyed and  marked  a  route  over  the  lands  intervening  between 
said  quarries  and  kilns,  to  the  said  Chester  Valley  Railroad  as 
follows,  viz.,  beginning  at  a  stake,  on  the  said  lot  or  piece  of 
land  on  which  said  quarries  and  kilns  are  situate,  sixty  feet 
west  from  the  south  corner  of  the  dwellinor-house  of  said  John 
Gregg,  thence  (setting  out  courses  and  distances  and  owners  of 
land,  &c.),  to  the  said  Chester  Valley  Railroad,  at  a  point  sixty 
feet  west  from  the  said  Robert  Rex's  warehouse ;  that  the  peti- 
tioners desire  to  be  allowed  to  construct  a  railroad  of  the  width 
of  twenty  feet  in  and  upon  said  route  :  They  therefore  pray  the 
Court  to  file  and  enter  this,  their  petition  of  record,  and  there- 
upon to  appoint  six  disinterested  and  judicious  men,  resident  in 
said  county,  to  view  said  route  and  examine  the  same,  and  make 
report  of  their  proceedings  at  the  subsequent  term  of  this  Court, 
according  to  the  provisions  of  the  Act  of  Assembly  in  such  case 
made  and  provided. 

And  they  will,  &c. 
John  Gregg, 
George  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


RAILROADS.  641 

7.   Order  to  Viewers. 

P.  846,  pi.  49,  p.  84S,  pi.  65.    5  May  1832,  P.  L.  501.    28  Maroh  1840,  P.  L.  196. 

At  a  Court  of  Common  Pleas  held  in  West  Ches- 
pq    ,  -,      ter  in  and  for  the  County  of  Chester,  on  the  twenty- 
sixth  day  of  April,  a.  d.  one  thousand  eight  hundred 
and  fifty-six,  before  the  Honorable  Townsend  Haines,  President, 
and  his  Associates,  Judges  present : 

The  petition  of  John  Gregg  and  George  Wills  was  presented, 
setting  forth  that  they  are  the  owners  of  certain  limestone 
quarries  and  lime-kilns,  on  a  lot  or  piece  of  land  in  East  White- 
land  Township  in  said  County  of  Chester,  adjoining  lands  of 
Wilson  Rea  and  others,  and  being  in  the  vicinity  of  the  Chester 
Valley  Railroad,  not  more  than  three  miles  therefrom,  and  that 
they  have  surveyed  and  marked  a  route  over  the  lands  inter- 
vening between  said  quarries  and  kilns,  to  the  said  Chester 
Valley  Railroad,  as  follows,  viz. :  beginning  (set  out  courses  and 
distances),  and  that  the  petitioners  desire  to  be  allowed  to  con- 
struct a  railroad  of  the  width  of  twenty  feet  in  and  upon  said 
route ; — and  praying  the  Court  to  appoint  six  disinterested  and 
judicious  men,  resident  in  said  county,  to  view  said  route, 
examine  the  same  and  make  report  of  their  proceedings  at  the 
subsequent  term  of  said  Court : 

Whereupon  the  Court  appoint  William  Boyd,  John  Ryan, 
Enoch  Brown,  George  Edwards,  James  Stuart,  and  Robert  Orr, 
six  disinterested  and  judicious  men,  resident  in  said  county, 
■who  shall  view  the  said  marked  and  proposed  route  for  the  rail- 
road aforesaid,  and  examine  the  same,  and  if  they  or  any  four 
of  them  shall  deem  such  railroad  necessary  and  useful  for  pub- 
lic or  private  purposes,  they  shall  report  in  writing  at  the 
subsequent  term  of  this  Court,  what  damages  will  be  sustained 
by  the  said  Wilson  Rea,  Amos  Rhoads,  Robert  Rex  and  the 
other  owners  of  lands,  over  which  said  route  may  pass,  to  the 
petitioners  unknown,  by  the  opening,  constructing,  completing 
and  using  the  said  railroad :  And  in  case  the  parties  interested 
cannot  agree  upon  the  mode,  manner  or  point  of  connection 
41 


642  RAILROADS. 

with  said  Chester  Valley  Railroad,  the  said  six  men  shall  deter- 
mine the  same  and  make  report  thereof  as  aforesaid. 

By  the  Court. 
James  Davis, 
Prothonotary. 


8.  Notice  of  Time  of  Viewing. 

p.  847,  pi.  52.     5  May  1832,  P.  L.  502. 

To  Wilson  Rea : 

Please  to  take  notice,  that  the  Court  of  Common  Pleas  of 
Chester  county  have  appointed  viewers  to  view  and  examine  a 
route  for  a  railroad  from  the  limestone  quarries  and  lime-kilns 
of  the  undersigned,  in  East  Whiteland  Township,  over  lands  of 
yourself  and  others,  to  the  Chester  Valley  Railroad,  and  that 
said  viewers  will  view  the  premises  owned  by  you,  over  which 
the  route  of  the  contemplated  railroad  shall  pass,  on  the  thir- 
tieth day  of  May,  A.  D.  1856,  at  ten  o'clock  A.  M. 

John  Gregg, 

April  27,  1856.  George  Wills. 


9.  Notice  in  Newspaper. 

p.  847,  pi.  52.     5  May  1832,  P.  L.  502. 

To  all  persons  whom  it  may  concern : 

Notice  is  hereby  given  that  the  Court  of  Common  Pleas  of 
Chester  County  have  appointed  viewers  to  view  and  examine 
the  route  of  a  railroad  from  the  limestone  quarries  of  the  under- 
signed, in  East  Whiteland  Township,  Chester  County,  to  the 
Chester  Valley  Railroad  in  the  same  township,  at  a  point  sixty 
feet  west  from  the  warehouse  of  Robert  Rex  ;  that  the  said  road 
will  pass  over  a  certain  tract  of  land  in  the  same  township,  bounded 
on  the  north  by  lands  of  William  Rea,  on  the  south  by  lands  of 
Amos  Rhoads,  on  the  east  by  lands  of  George  Gaines,  and  on  the 
west  by  lands  of  Richard  Todd,  the  owners  of  said  tract  of  land 
being  to  the  petitioners  for  said  railroad  unknown,  and  that 


RAILROADS.  643 

the  viewers  will  view  said  tract  of  land,  on  the  thirtieth  day  of 
May,  A.  D.  1856,  at  ten  o'clock  A.  M. 

John  Gregg, 
April  27,  1856.  George  Wills. 


10.  Report  of  Viewers. 

p.  846,  pL  49.     5  May  1832,  P.  L.  501. 

To  the  Honorahle,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  undersigned,  viewers  appointed  by  the  annexed  order, 
for  the  purposes  therein  specified,  Respectfully  report. 

That  having  been  first  duly  sworn  (or  afiirmed),  they  did,  on 
the  thirtieth  day  of  May,  a.  d.  1856,  view  the  marked  and  pro- 
posed route  for  a  railroad  in  said  order  specified,  and  examine 
the  same,  and  that  they  deem  such  railroad,  as  set  forth  in  said 
order,  and  of  the  width  therein  specified,  necessary  and  useful 
for  public  purposes ;  and  having  taken  into  consideration  the 
advantages  which  may  be  derived  by  the  several  oAvners  of  the 
land  passed  over  by  said  railroad,  are  of  opinion  that  the 
damages  to  be  sustained  by  the  said  owners  by  the  opening, 
constructing,  completing  and  using  said  railroad,  will  be  as  fol- 
lows, viz. :  By  the  said  William  Rea  two  hundred  dollars,  by 
the  said  Amos  Rhoads  one  hundred  dollars,  and  by  the  owners 
of  the  tract  of  land  within  mentioned,  who  are  unknown,  two 
hundred  dollars ;  and  they  assess  the  said  sums  for  damages  to 
the  said  owners  respectively.  And  they  further  report,  that  no 
damage  will  be  sustained  by  the  said  Robert  Rex. 

All  which  is  respectfully  submitted. 

William  Boyd, 
John  Ryan, 
Enoch  Brown, 
George  Edwards, 
James  Stuart, 

June  1,  1856. (a)  Robert  Orr. 

(a)    See  Reitenhuiujh  v.  Cliester  Valley  Railroad,  9  Harris  100. 


644  EAILKOADS. 


11.  Report  of  Viewers  fixing  Point  of  Connection. 

p.  848,  pi..  64.     28  March  1840,  P.  L.  196. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  undersigned,  viewers  appointed  by  the  annexed  order, 
for  the  purposes  therein  mentioned.  Respectfully  report, 

That  having  been  first  duly  sworn  and  affirmed,  they  did,  on 
the  thirtieth  day  of  May,  A.  D.  1856,  view  the  route  marked  and 
proposed  for  a  railroad,  as  in  said  order  specified,  and  examined 
the  same ;  and  the  parties  disagreeing  as  to  the  point  of  con- 
nection, the  said  viewers  determined  the  same  should  be  at  a 
point  fifty  feet  west  from  the  warehouse  of  said  Robert  Rex, 
and  with  this  alteration  in  the  point  of  connection,  they  deem 
the  said  railroad,  according  to  the  within-specified  route  and 
width,  necessary  and  useful  for  public  purposes.  The  said 
viewers  further  report,  that  having  taken  into  consideration  the 
advantages  which  may  be  derived  by  the  several  owners  of  the 
land  passed  over  by  the  said  railroad,  they  are  of  opinion  that 
the  damages  to  be  sustained  by  the  said  owners  by  the  opening, 
constructing,  completing  and  using  said  railroad,  will  be  as  fol- 
lows, viz. :  By  the  said  William  Rea,  two  hundred  dollars,  by 
the  owners  of  the  tract  of  land  within  mentioned,  who  are  un- 
known, two  hundred  dollars ;  and  they  assess  said  sums  for 
damages  to  the  said  owners  respectively,  and  that  no  damage 
will  be  sustained  by  the  said  Robert  Rex. 

All  which  is  respectfully  submitted. 

William  Boyd, 
John  Ryan, 
Enoch  Brown, 
George  Edwards, 
James  Stuart, 

June  1,  a.  d.  1856.  Robert  Orr. 


RAILROADS.  645 

12.  Appeal  of  Landowner. 

p.  846,  pi.  49.     5  May  1832,  P.  L.  501. 

In  the  Matter  of  the  petition  of  John  Gregg  and  George 
Wills,  for  a  railroad  from  their  lime  and  stone  quarries  in  East 
Whiteland  Township  to  the  Chester  Valley  Railroad. 

1856,  June  14.  Robert  Rex  appeals  from  the  report  of  the 
viewers  to  the  Court  of  Common  Pleas  of  Chester  County. 

Robert  Rex. 


13.   Order  for  Issue. 

P.  846,  pi.  49.     5  May  1832,  P.  L.  501. 

Whereupon,  June  16,  1856,  the  Court  direct  a  feigned  issue 
shall  he  framed  in  the  above  appeal  upon  a  wager  in  the  usual 
form,  in  which  the  said  John  Gregg  and  George  Wills  shall  be 
plaintiifs  and  the  said  Robert  Rex  shall  be  defendant,  to  deter- 
mine whether  the  said  railroad  is  necessary  and  useful  for 
public  or  private  purposes,  and  if  they  find  for  the  plaintiffs, 
the  jury  shall  find  whether  said  railroad  is  necessary  for  public 
or  private  purposes,  and  shall  also  assess  the  damages,  if  any, 
which  will  be  sustained  by  the  defendant  by  the  opening,  con- 
structing, completing  and  using  the  said  railroad. 


14.  Declaration  in  Feigned  Issue. 

p.  846,  pi.  49.     5  May  1832,  P.  L.  601. 

In  the  Court  of  Common  Pleas  of  Chester  County,  of  July 
Term,  1856.     No.  47. 

Chester  county,  ss. 

John  Gregg  and  George  Wills,  by  William  Marshall  their 
attorney,  complain  of  Robert  Rex  ;  for  that  whereas  heretofore, 
to  wit,  on  the  thirteenth  day  of  June,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-six,  at  the  county  aforesaid 


646  RAILROADS. 

and  before  the  making  of  the  promise  and  undertaking  of  the 
said  defendant  heretofore  mentioned,  to  "wit,  on  the  day  and 
year  aforesaid,  at  the  county  aforesaid,  a  certain  discourse  "was 
had  and  moved  by  and  between  the  plaintiffs  and  defendant, 
■wherein  a  certain  question  then  and  there  arose,  that  is  to  say, 
•whether  a  certain  raih'oad  lately  marked  and  proposed  from  the 
limestone  quarries  of  the  plaintiffs  in  East  Whiteland  Town- 
ship to  the  Chester  Valley  Railroad,  on  lands  of  the  said  Robert 
Rex,  was  necessary  and  useful  for  public  or  private  purposes, 
and  in  that  discourse  the  plaintiffs  then  and  there  affirmed,  that 
the  said  railroad  was  useful  and  necessary  for  public  purposes, 
which  affirmation  the  defendant  then  and  there  denied  and 
asserted  the  contrary  thereof;  and  thereupon  afterwards,  to 
wit,  on  the  day  and  year  aforesaid,  at  the  county  aforesaid,  in 
consideration  that  the  plaintiffs,  at  the  special  instance  'and 
request  of  the  defendant,  had  then  and  there  paid  the  defend- 
ant the  sum  of  one  hundred  dollars,  lawful  money  of  the  United 
States,  he,  the  defendant,  undertook  and  then  and  there  pro- 
mised the  plaintiffs  to  pay  them  the  sum  of  two  hundred  dollars 
of  like  lawful  money,  if  the  said  railroad  was  necessary  and 
useful  for  public  purposes,  whereof  the  defendant,  on  the  day 
and  year  aforesaid,  at  the  county  aforesaid,  had  notice ;  and 
the  plaintiffs  aver,  that  the  said  railroad  is  useful  and  necessary 
for  public  purposes,  whereby  he,  the  defendant,  then  and  there 
became  liable  to  pay,  and  ought  to  have  paid  to  the  plaintiffs 
the  said  sum  of  two  hundred  dollars  when  he  should  be  re- 
quested so  to  do :  And  being  so  liable,  the  defendant  in  con- 
sideration thereof  undertook,  and  then  and  there  faithfully 
promised  the  plaintiffs  to  pay  them  the  said  sum  of  money  when 
he  should  be  thereunto  afterwards  requested : 

And  whereas  also  afterwards,  to  wit,  on  the  day  and  year 
aforesaid,  at  the  county  aforesaid,  a  certain  other  discourse  was 
then  and  there  had  and  moved  by  and  between  the  plaintiffs  and 
defendant,  in  which  a  certain  question  then  and  there  arose,  that 
is  to  say,  whether  the  defendant  will  sustain  damages  by  the 
opening,  constructing,  completing  and  using  the  said  railroad 
in  the  first  count  mentioned,  and  in  that  discourse  the  plaintiffs 
then  and  there  affirmed  that  the  defendant  will  sustain  no 
damage  by  the  opening,  constructing,  completing  and  using  said 


RAILROADS.  647 

railroad,  and  the  defendant  asserted  to  the  contrary  thereof, 
and  thereupon  afterwards,  to  wit,  on  the  day  and  year  aforesaid, 
at  the  county  aforesaid,  in  consideration  that  the  plaintiffs,  at 
the  special  instance  and  request  of  the  defendant,  had  then  and 
there  paid  the  defendant  the  sum  of  one  hundred  dollars,  law- 
ful money  of  the  United  States,  he,  the  defendant,  undertook  and 
then  and  there  promised  the  plaintiff  to  pay  them  the  sum  of 
two  hundred  dollars  of  like  lawful  money,  if  he,  the  defendant, 
will  sustain  no  damage  by  the  opening,  constructing,  complet- 
ing and  using  said  railroad ;  and  the  plaintiffs  aver  that  the  de- 
fendant will  sustain  no  damage  by  the  opening,  constructing, 
completing  and  using  said  railroad,  whereby  the  defendant 
then  and  there  became  liable  to  pay  and  ought  to  have  paid  the 
plaintiffs  the  said  sum  of  two  hundred  dollars  when  he  should 
be  requested  so  to  do  :  And  being  so  liable  the  defendant,  in  con- 
sideration thereof,  undertook  and  then  and  there  faithfully  pro- 
mised to  pay  the  plaintiffs  the  said  sum  of  money  when  he  should 
be  thereunto  afterwards  requested ;  yet  the  defendant,  not  re- 
garding his  promise  and  undertaking,  has  not  as  yet  paid  the  said 
sums  of  money  in  this  declaration  mentioned,  or  either  of  them 
or  any  part  thereof  to  the  plaintiffs,  although  often  requested, 
but  the  same  or  any  part  thereof  to  pay  has  hitherto  wholly 
neglected  and  refused,  and  still  does  neglect  and  refuse,  to  the 
plaintiffs'  damage  five  hundred  dollars,  and  therefore  they  bring 
suit,  &c.(a) 

William  Marshall, 

For  Plaintiffs. 

And  the  defendant,  by  Abel  White  his  attorney,  comes  and 
defends  the  wrong  and  injury,  when,  &c.,  and  says,  that  the 
plaintiffs  ought  not  to  have  or  maintain  their  aforesaid  action 
thereof  against  him,  the  defendant,  because  he  says,  as  to  the 
first  count  of  the  plaintiff's  declaration,  that  although  true  it  is 
that  the  said  discourse  in  said  count  mentioned  was  had  and 
moved  by  and  between  the  plaintiffs  and  defendant,  wherein  the 
said  question  did  arise  as  aforesaid,  and  that  he,  the  defendant, 
did  undertake  and  promise  in  manner  and  form  as  the  plaintiffs 
have  above  in  that  behalf  alleged :    Nevertheless,  for  a  plea 

(a)   See  Muklciibery  v.  Brock,  1  Casey  517. 


648  RAILROADS. 

in  this  behalf,  the  defendant  says,  that  the  said  railroad  was 
not  nor  is  useful  and  necessary  for  public  or  private  purposes 
in  manner  and  form  as  the  plaintiffs  have  above  in  that  behalf 
alleged,  and  of  this  the  defendant  puts  himself  upon  the  country. 

And  because,  he  says,  as  to  the  second  count  of  the  said 
declaration,  that  although  true  it  is,  that  the  discourse  in  said 
count  mentioned  was  had  and  moved  by  and  between  the  plain- 
tiffs and  defendant,  wherein  the  said  question  did  arise  as  afore- 
said, and  he,  the  defendant,  did  undertake  and  promise  in 
manner  and  form  as  the  plaintiffs  have  alleged:  Nevertheless, 
for  a  plea  in  this  behalf,  the  defendant  says,  that  he  will  sustain 
damages  by  the  opening,  constructing,  completing  and  using 
said  railroad,  and  of  this  the  defendant  puts  himself  on  the 
country. 

Abel  White, 

For  Defendant. 

Similiter. 

And  the  said  plaintiffs,  as  to  the  pleas  of  the  defendant  above 
pleaded,  whereof  the  defendant  has  put  himself  on  the  country, 
do  the  like. 

"William  Marshall, 

For  Plaintiffs. 


15.    Verdict. 


And  now,  August  10,  A.  D.  1846,  a  jury  being  called,  elected 
by  ballot,  sworn  and  affirmed,  viz. :  Seth  Jones,  &c.,  who  (Au- 
gust 12),  do  say,  that  they  find  for  the  plaintiffs  on  the  first 
count  in  the  declaration,  and  that  the  said  railroad  is  necessary 
for  public  purposes ;  and  that  they  find  for  the  defendant  on 
the  second  count  of  the  declaration,  and  assess  the  damages 
which  will  be  sustained  by  the  defendant,  by  the  opening,  con- 
structing, completing  and  using  said  road,  at  the  sum  of  one 
hundred  dollars. 


RAILROADS.  649 


16.  Declaration  of  Abandonment. 

p.  846,  pi.  50.     6  May  1832,  P.  L.  601 


In  the  Matter  op  the  Peti- 
tion OF  John  Gregg  and 
George  Wills  for  a  Rail- 
road, from  their  Limestone 


In  the  Court  of  Common  Pleas 
of  Chester  County. 


Quarries  in  East  Whiteland  }  Petition  filed,  April  26, 1856. 

See  Appearance. 
Docket  No.  2,  page  42. 


Township  to  the  Chester  Val- 
ley Railroad,  on  land  of  Rob- 
ert Rex,  in  the  same  Town- 
ship. 

And  now,  August  20,  1856,  John  Gregg  and  George  Wills, 
the  said  petitioners,  abandon  the  further  prosecution  of  the  said 
railroad,  and  file  this  their  declaration  of  their  intent  thereof. 

John  Gregg, 
George  Wills. 


17.  Agreement  to  nelect  Men  to  value  Materials. 

p.  847,  pL  54.     5  May  1832,  P.  L.  603. 

Whereas,  John  Gregg  and  George  Wills,  being  petitioners  for 
and  proprietors  of  a  railroad,  from  their  limestone  quarries  in 
East  Whiteland  Township  to  the  Chester  Valley  Railroad,  on 
land  of  Robert  Rex,  in  the  same  township,  are  desirous  to  use 
in  the  construction  of  said  road  and  its  bridges,  certain  stone 
on  the  land  of  Amos  Rhoads,  near  to  said  railroad  ;  and  whereas, 
the  said  John  Gregg  and  George  Wills  and  the  said  Amos 
Rhoads  not  being  able  to  agree  on  the  rate  of  compensation  for 
said  stone  ; — the  said  John  Gregg  and  George  Wills  have  chosen 
William  Boyd,  and  the  said  Amos  Rhoads  has  chosen  John 
Ryan,  for  the  purpose  aforesaid,  wlio  in  case  they  cannot  agree, 
shall  choose  an  umpire,  and  said  men  shall,  under  oath  or  affirma- 
tion, fairly  and    impartially  estimate  the  rate  of  compensation 


650  RAILROADS. 

for  said  stone,  and  make  out  their  award  in  writing.     Witness 
the  hands  of  the  said  parties  to  this  agreement. 

John  Gregg, 
George  Wills, 
June  30,  1856.  Amos  Rhoads. 


18.  Appointment  of  Umpire. 

p.  847,  pi.  54.     5  May  1832,  P.  L.  503. 

We,  William  Boyd  and  John  Ryan,  chosen  by  the  parties  to 
the  annexed  agreement,  having  been  duly  sworn  as  is  therein 
directed,  and  not  being  able  to  agree,  do,  by  virtue  of  the 
authority  therein  given,  choose  Enoch  Brown  umpire  for  the 
purposes  in  said  agreement  mentioned. 

Witness  our  hands,  the  sixth  day  of  July,  A.  D.  one  thousand 
eight  hundred  and  fifty-six. 

William  Boyd, 
John  Ryan. 

We,  William  Boyd  and  John  Ryan,  the  men  in  the  annexed 
agreement  named,  and  Enoch  Brown  appointed  umpire  as  within 
mentioned,  having  been  severally  and  duly  sworn  and  affirmed, 
impartially  to  estimate  the  rate  of  compensation  to  be  paid  for 
the  stone  which  the  said  John  Gregg  and  George  Wills  shall 
take  from  the  land  of  the  said  Amos  Rhoads,  to  be  used  in  the 
construction  of  the  road  in  the  said  agreement  mentioned,  and 
having  faithfully  and  impartially  estimated  the  same,  do  award 
that  the  said  John  Gregg  and  George  Wills  shall  pay  to  the 
said  Amos  Rhoads  at  the  rate  of  fifty  cents,  as  compensation,  for 
every  perch  of  said  stone  to  be  taken  from  the  land  of  the  said 
Amos  Rhoads,  and  to  be  used  in  the  construction  of  said  road. 
Witness  our  hands,  the  tenth  day  of  September,  A.  D.  one 
thousand  eight  hundred  and  fifty-six. 

William  Boyd, 
John  Ryan, 
Enoch  Brown. 


RAILROADS.  651 


19.  Petition  for  Appraisers  of  Materials  of  Persons  out  of 

State,  ^c. 

P.  847,  pi.  54.     5  May  1832,  P.  L.  503. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  John  Gregg  and  George  Wills,  Respectfully 
represents, 

That  they  are  petitioners  for  and  proprietors  of  a  railroad, 
from  their  limestone  quarries  in  East  Whiteland  Township  in 
said  county  to  the  Chester  Valley  Railroad,  on  land  of  Robert 
Rex  in  the  same  township,  and  are  desirous  to  use  in  the  con- 
struction of  said  road,  certain  stone  on  the  land  of  Job  Lewis 
near  said  railroad,  and  that  the  said  Job  Lewis  is  out  of  the  state. 
The  petitioners  therefore  pray  the  Court  to  appoint  three  im- 
partial men,  fairly  and  impartially  to  estimate  the  said  materials. 

And  they  will,  &c. 

John  Gregg, 

June  26,  1856.  George  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


20.   Order  to  the  Appraisers. 

p.  847,  pi.  64.     5  May  1832,  P.  L.  503. 

At  a  Court  of  Common  Pleas  held  at  West  Chester,  for  the 
County  of  Chester,  the  thirtieth  day  of  July,  A.  D.  one  thousand 
eight  hundred  and  fifty-six,  before  the  Hon.  Townsend  Haines, 
President,  and  his  Associates,  Judges  present. 

The  Court  appoint  William  Boyd,  John  Ryan  and  Enoch 
Brown,  who  being  first  duly  sworn  or  affirmed,  are  fairly  and 
impartially  to  estimate  the  value  of  the  stone  designed  to  be 
taken  by  John  Gregg  and  George  Wills  from  the  land  of  Job 
Lewis,  and  used  by  them  in  the  construction  of  their  railroad, 
from  their  limestone  quarries  in  East  Whiteland  Township,  to 
the  Chester  Valley  Railroad  on  lands  of  Robert  Rex,  in  the 


652  RAILROADS. 

same  township,  and  make  return  of  the  proceedings  herein  to 

the  said  Judges. 

By  the  Court. 

James  Davis, 
[Seal.]  Prothonotary. 


21.  Award. 

p.  847,  pi.  54.     5  May  1832,  P.  L.  503. 

We,  the  undersigned,  appointed  by  the  annexed  order  of  the 
Court,  having  been  duly  sworn,  as  is  in  said  order  directed,  and 
having  fairly  and  impartially  estimated  said  stone,  Do  award, 
that  the  said  John  Gregg  and  George  Wills  shall  pay  to  the 
said  Job  Lewis,  at  the  rate  of  twenty  cents,  as  compensation, 
for  each  perch  of  said  stone  to  be  taken  from  the  land  of  the 
said  Job  Lewis,  and  to  be  used  by  them  as  aforesaid.  Witness 
our  hands,  the  tenth  day  of  July,  A.  D.  one  thousand  eight  hun- 
dred and  fifty-six. 

William  Boyd, 
John  Ryax, 
Enoch  Brown. 


22.  Petition  for  use  of  Landing.{a) 

p.  849,  pi.  67.     24  April  1843,  P.  L.  361. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Montgomery  County : 

The  petition  of  John  Gregg  and  George  Wills,  Respectfully 
represents, 

That  Richard  Wallace  is  the  owner  of  a  landing  on  the 
river  Schuylkill  at  the  termination  of  the  Chester  Valley  Rail- 
road, and  that  in  accordance  with  the  provisions  of  the  Act 
of  Assembly  in  such  case  made  and  provided,  the  petitioners 
have  constructed  a  lateral  railroad  to  connect  with  said  Ches- 
ter Valley  Railroad,  for  the  purpose  of  conveying  limestone 
and   lime   to    the    said    navigation.      The   petitioners    further 

(of)    See  Horner  S;  Roberts's  Lateral  Railroad,  1  "Wright  333. 


RAILROADS.  653 

represent,  that  they  have  tendered  to  the  said  Richard  Wallace, 
and  are  ready  to  pay  him,  suitable  compensation  for  the  use  of 
said  landing,  but  that  he  refuses  to  permit  the  trade  of  said 
lateral  railroad  to  make  use  of  said  landing. 

The  petitioners  therefore  pray  the  Court  to  direct  the  Sheriff 
of  said  County  of  Montgomery,  to  summon  a  jury  of  five  dis- 
interested men  of  said  county  to  examine  the  premises,  and  to 
do  such  other  matters  and  things  in  this  behalf  as  are  directed 
by  the  Act  of  Assembly  in  such  case  made  and  provided. 

And  they  will,  &c. 

John  Gregg, 
George  Wills. 
Montgomery  county,  ss. 

John  Gregg  and  George  Wills  being  duly  sworn  say,  that  the 
statements  in  the  foregoing  petition  are  true  to  the  best  of  their 
knowledge  and  belief. 


Sworn  and  subscribed,  June  30, 
1856,  before  the  undersigned, 
a  Justice  of  the  Peace  of  said 
county. 

Eli  John. 


John  Gregg, 
George  Wills. 


23.   Order  to  Sheriff. 

p.  849,  pL  67.     24  April  1843,  P.  L.  361. 

Montgomery  county,  ss. 

The  Commonwealth  of  Pennsylvania  to  the  Sheriff  of  said 
county  ;  Greeting : — 

Whereas,  John  Gregg  and  George  Wills  have  represented  to 
the  Judges  of  the  Court  of  Common  Pleas  of  said  county,  that 
they  have  constructed  a  lateral  railroad  to  connect  with  the 
Chester  Valley  Railroad,  for  the  purpose  of  conveying  lime- 
stone and  lime  to  the  river  Schuylkill,  and  that  Richard  Wal- 
lace, being  the  owner  of  a  landing  at  the  termination  of  said 
Chester  Valley  Railroad,  on  said  river  in  said  county,  has  re- 
fused to  permit  the  trade  of  the  said  lateral  railroad  to  make 
use  of  said  landing :  These  are  therefore  to  command  you,  the 


654;  RAILROADS. 

said  Sheriff,  to  summon  a  jury  of  five  disinterested  men  from 
said  county,  who  after  being  duly  sworn  or  affirmed,  shall  ex- 
amine the  premises,  and  if  they  shall  find  that  the  said  landing 
is  of  sufficient  capacity  to  accommodate  the  trade  of  the  said 
lateral  railroad,  in  addition  to  the  trade  of  the  said  Chester 
Valley  Railroad,  they  shall  mark  off  a  portion  of  the  land  to 
be  allotted  to  said  lateral  railroad,  and  fix  upon  a  compensation 
suitable  therefor,  either  in  fee  simple,  or  as  an  annual  rent, 
or  a  price  per  ton,  for  the  use  of  the  same  land,  and  make 
return  thereof  to  this  Court.  Witness  the  Honorable  Daniel 
Smyser,  President  Judge  of  said  Court,  at  Norristown,  the 
second  day  of  July,  a,  d.  one  thousand  eight  hundred  and  fifty- 
six. 

Wilson  Jones, 
Prothonotary. 


24.  Return  of  the  Sheriff. 

To  the  Honorable,  the  Judges  within  named : 
I,  Isaac  Bird,  the  within-named  Sheriff,  Do  respectfully  re- 
port and  return,  that  in  pursuance  of  the  within  order,  I  did 
on  the  fourth  day  of  July  instant,  summon  William  Boyd, 
John  Ryan,  Enoch  Brown,  James  Stuart  and  Robert  Orr,  five 
disinterested  men  of  said  county,  to  examine  said  premises  on 
the  eighteenth  day  of  the  same  month,  and  to  perform  the 
duties  in  said  order  mentioned. 

So  answers, 

Isaac  Bird, 

Sheriff. 
July  26,  1856. 


25.  Report  of  Jury  on  Landing. 

p.  849,  pi.  67.     24  April  1843,  P.  L.  361. 

To  the  Honorable,  the  Judges  within  named : 

The  undersigned  Jury,  summoned  in  pursuance  of  the  annexed 


RAILROADS.  655 

order,  Respectfully  report  and  return  :  That  in  pursuance  of 
said  order  and  summons,  on  the  eighteenth  day  of  July  instant, 
after  due  notice  to  the  respective  parties,  and  having  been  first 
duly  sworn  and  affirmed,  we  examined  the  premises  in  said  order 
mentioned,  and  find  that  the  said  landing  is  of  sufficient  capa- 
city to  accommodate  the  trade  of  the  said  lateral  railroad,  in 
addition  to  the  trade  of  the  said  Chester  Valley  Railroad,  and 
have  marked  off  a  portion  of  the  land  of  said  Richard  Wallace 
to  be  allotted  to  the  trade  of  the  said  lateral  railroad,  as  fol- 
lows, viz. :  beginning  at  a  point  on  the  easternmost  line  of  said 
landing  (set  out  courses  and  distances),  a  plot  or  draft  whereof 
is  hereto  annexed ;  and  as  a  compensation  suitable  therefor,  we 
do  fix  the  annual  rent  of  two  hundred  dollars,  to  be  paid  by 
the  said  John  Gregg  and  George  Wills  to  the  said  Richard 
Wallace. 

All  which  is  respectfully  submitted. 

William  Boyd, 
John  Ryan, 
Enoch  Brown, 
James  Stuart, 
August  15,  1856.  Robert  Orr. 


26.  Decree  of  Court  as  to  Landing. 

p.  849,  pi.  67.     24  April  1843,  P.  L.  361. 

In  the  Matter  of  the  application  of  John  Gregg  and  George 
Wills,  for  a  landing  on  the  premises  of  Richard  Wallace,  at  the 
termination  of  the  Chester  Valley  Railroad,  at  the  Schuylkill 
River. 

And  now,  August  19,  1856,  The  report  of  the  jury  in  this 
matter  is  approved  by  the  Court,  and  the  Court  direct  that  the 
said  landing  be  opened  to  the  use  of  the  public,  upon  the  pay- 
ment by  the  said  John  Gregg  and  George  Wills,  of  the  rent 
assessed  by  the  jury. 

(Proceedings  on  appeal  as  in  Lateral  Railroads.  Ante, 
p.  645.) 


656  RAILROADS. 


CANALS    AND    RAILROADS. 


27.  Petition  for  Jury  to  assess  Railroad  Damages. 

p.  838,  pi.  12,  p.  839,  pi.  13.     19  February  1849,  P.  L.  8.3,  84. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  the  Chester  Valley  Railroad  Company,  Re- 
spectfully represents, 

That  the  petitioners  have  surveyed,  ascertained,  located,  fixed, 
marked  and  determined  a  route  for  a  railroad,  in  pursuance  of 
their  Act  of  Incorporation,  and  that  they  are  desirous  to  enter 
upon  the  lands  of  Harman  Bond,  in  the  Township  of  East 
Whiteland  in  said  county,  through  -which  said  route  passes,  and 
to  establish  and  construct  thereon  a  railroad  with  one  track 
on  the  same ;  that  they  have  applied  to  the  said  Harman  Bond, 
and  have  endeavored  to  agree  with  him  for  the  compensation 
proper  for  the  damage  done  or  likely  to  be  done  to  or  sustained 
by  him,  by  reason  of  the  petitioners  entering  upon  the  said 
lands  and  constructing  said  railroad,  and  that  after  such  appli- 
cation and  endeavor,  the  said  petitioners  cannot  agree  with 
the  said  Harman  Bond,  for  the  compensation  proper  for  the 
damage  aforesaid : 

The  petitioners  therefore  pray  the  Court  to  appoint  seven 
discreet  and  disinterested  freeholders  of  said  county  to  meet 
upon  the  premises  of  the  said  Harman  Bond,  where  said  route 
passes  through  the  same,  and  to  view  said  premises,  estimate 
and  determine  the  quantity,  quality  and  value  of  the  land  so  to 
be  taken  or  occupied  as  aforesaid,  and  estimate  and  determine 
in  the  manner  directed  by  the  Act  of  Assembly  in  such  case 
made  and  provided,  whether  any,  and  if  any,  what  damages 
have  been  or  may  be  sustained,  and  to  whom  payable,  and  make 
report  thereof  to  this  Court. («) 

And  they  will,  &c. 

On  behalf  of  the  Chester  Valley  Railroad  Company. 

William  Morris, 

July  26,  1856.  President. 

(a')  Zack  v.  Pennsylvania  Railroad  Company,  1  Casey  394;  O'Harav.  Same, 
Id.  445. 


RAILROADS.  657 

Chester  county,  ss. 

William  Morris,  President  of  the  Chester  Valley  Railroad 
Company,  being  duly  sworn  says,  that  the  statements  in  the 
foregoing  petition  are  true,  that  by  the  authority  and  on  behalf 
of  said  Company,  he  applied  to  the  said  Harman  Bond,  and 
endeavored  to  agree  with  him  for  the  compensation  proper  for 
the  damages  mentioned  in  the  foregoing  petition,  and  that  he 
could  not  agree  with  said  Ilarman  Bond,  and  further  saith  not. 


William  Morris. 


Sworn  and  subscribed,  July  26, 
A.  D.  1856,  before  the  subscri- 
ber, a  Justice  of  the  Peace  of 
said  County. 

John  Newlin. 


And  now,  July  27,  1856,  The  foregoing  petition  was  read 
and  filed,  and  the  Court  fix  the  second  Monday  in  September 
next,  at  ten  o'clock  A.  M.,  at  the  Court  House  in  the  borough  of 
West  Chester,  for  the  appointment  of  the  viewers  prayed  for, 
and  direct  that  ten  days'  notice  thereof  be  given  to  the  said 
Harman  Bond. (a) 


28.  Notice  to  Land  Owner  of  Choosing  Viewers. 

To  Harman  Bond  : — 

Please  to  take  notice,  that  the  Chester  Valley  P^ailroad 
Company  have  applied  to  the  Court  of  Common  Pleas  of  Ches- 
ter County,  for  the  appointment  of  viewers  to  assess  the  damages, 
if  any,  which  you  may  sustain  by  reason  of  the  construction 
of  their  railroad  through  your  lands,  and  said  Court  has  fixed 
the  second  Monday  in  September  next,  at  ten  o'clock  a.  m., 
at  the  Court  House  in  the  borough  of  West  Chester,  for  the  ap- 

(a)   See  Reitenbaugh  v.  Chester  Valley  Railroad,  9  Harris  100. 

42 


658  RAILROADS. 

pointment  of  said  viewers,  "when  and  where  you  may  attend  if 
you  think  proper. 

William  Morris, 

President. 
July  27,  1856. 


29.   Order  to  Viewers, 

P.  838,  pi.  12.     p.  839,  pi.  13.     19  February  1849,  P.  L.  83,  84, 

Chester  county,  ss. 

At  a  Court  of  Common  Pleas  held  and  kept  at 

[Seal.]     West   Chester  for   the   County  of  Chester,  on  the 
tenth  day  of  September,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-six,  before  the  Honorable 
Townsend  Haines,  President,  and  his  Associates,  Justices  pre- 
sent : 

t  The  petition  of  the  Chester  Valley  Railroad  Company  was 
presented,  setting  forth  that  they  had  located  and  determined  a 
route  for  a  railroad  in  pursuance  of  their  Act  of  Incorporation, 
and  that  they  are  desirous  to  enter  upon  the  lands  of  Harman  Bond, 
in  the  township  of  East  Whiteland  in  said  county,  through  which 
lands  said  route  passes,  and  to  establish  and  construct  a  rail- 
road with  one  track  on  the  same,  and  praying  the  court  to  ap- 
point seven  discreet  and  disinterested  freeholders  to  assess  the 
damages  done  or  likely  to  be  done  or  sustained  by  the  said  Har- 
man Bond,  by  reason  of  the  premises : 

Whereupon  the  court  appoint  William  Boyd,  John  Ryan, 
Enoch  Brown,  George  Edwards,  James  Stuart,  Robert  Orr  and 
John  Dunn,  seven  discreet  and  disinterested  freeholders  of  said 
county,  who  are  to  meet  on  the  lands  of  the  said  Harman  Bond, 
on  the  fifth  day  of  October  next,  at  the  place  where  said  route 
is  located  through  the  same,  and  the  said  freeholders  or  any  five 
of  them,  having  been  first  duly  sworn  and  afiirmed,  faithfully, 
justly  and  impartially  to  decide  and  a  true  report  to  make  con- 
cerning all  matters  and  things  to  be  submitted  to  them  in  rela- 
tion to  which  they  are  authorized  to  inquire,  in  pursuance  of  the 


RAILROADS.  659 

Act  of  Assembly  in  this  behalf  made  and  provided,  and  having 
viewed  the  premises,  shall  estimate  and  determine  the  quantity, 
quality  and  value  of  said  lands  so  to  be  taken  and  occupied, 
and  having  a  due  regard  to  and  making  just  allowance  for  the 
advantages  which  may  have  resulted  or  may  seem  likely  to 
result  to  the  said  Harman  Bond,  in  consequence  of  the  making 
and  opening  of  said  railroad,  and  of  the  construction  of  works 
connected  therewith,  and  having  made  a  fair  and  just  compari- 
son of  said  advantages  and  disadvantages,  the  said  freeholders 
shall  estimate  and  determine  whether  any,  and  if  any,  what 
amount  of  damages  has  been  or  may  be  sustained  by  reason  of 
the  premises,  and  to  whom  payable,  and  make  report  thereof  to 
this  Court : 

And  the  Court  order  that  the  petitioners  shall  give  at  least 
ten  days'  notice  to  the  said  viewers,  and  to  the  said  Harman 
Bond,  of  the  time  and  place  of  meeting  for  the  purpose  afore- 
said ;  and  in  the  notice  to  the  said  Harman  Bond  shall  desig- 
nate the  time  when  the  said  viewers  will  meet  on  the  premises : 
And  the  Court  further  order  that  said  notice  to  the  said  Har- 
man Bond  with  proof  of  the  service  thereof,  shall  be  filed  with 
said  viewers  and  returned  with  their  report. 

By  the  Court. 

James  Davis, 
Prothonotary. 


30.  Report  of  Viewers  on  Damages. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  undersigned,  appointed  by  the  annexed  order,  viewers, 
for  the  purposes  therein  mentioned.  Respectfully  report, 

That  in  pursuance  of  said  order,  they  met,  on  the  fifth  day 
of  September  instant,  on  the  lands  of  the  said  Harman  Bond, 
where  the  route  of  said  railroad  passes  through  the  same,  and 
having  been  duly  sworn  and  affirmed,  as  is  therein  directed 
(proof  of  due  notice  to  the  said  Harman  Bond  of  the  time  and 


-660  RAILROADS. 

place  of  the  meeting  of  the  viewers  having  been  filed  with  the 
viewers,  and  the  said  Harman  Bond  being  present,  or, — as  the 
case  may  be),  and  having  viewed  the  said  premises,  they  esti- 
mate and  determine  as  follows,  viz. :  that  there  will  be  taken 
and  occupied  of  the  land  of  the  said  Harman  Bond,  for  the 
constructing  and  establishment  of  said  railroad,  sixty-six  feet 
in  width  for  a  distance  of  fifty  perches,  as  marked  on  the 
accompanying  plot  or  draft, — and  the  quantity  of  the  land  so 
taken  is  one  acre  and  a  quarter, — that  the  same  is  farm  land, 
cleared  and  cultivated  and  of  good  quality,  and  of  the  value 
of  one  hundred  dollars  per  acre,  being  altogether  of  the  value 
of  one  hundred  and  twenty-five  dollars ;  the  said  viewers 
further  report,  that  having  had  a  due  regard  to  and  making  a 
just  allowance  for  the  advantages  which  have  resulted  or  which 
seem  likely  to  result  to  the  said  Harman  Bond  in  consequence 
of  the  making  and  opening  said  railroad,  and  of  the  construc- 
tion of  works  connected  therewith,  and  after  having  made  a 
fair  and  just  comparison  of  said  advantages  and  disadvantages, 
they  estimate  and  determine  that  the  said  Harman  Bond  has 
sustained  damages  including  the  taking  and  occupying  of  his 
land  as  above  stated,  to  the  amount  of  one  thousand  dollars, 
and  report  that  the  said  sum  of  one  thousand  dollars  for  such 
damages  be  paid  to  him,  the  said  Harman  Bond,  by  the  said 
The  Chester  Valley  Railroad  Company. (a) 

All  which  is  respectfully  submitted,  the  fifth  day  of  Septem- 
ber, A.  D.  one  thousand  eight  hundred  and  fifty-six. 

William  Boyd, 

&c.,  &c. 


31.  Bond  for  Payment  of  Damages. 

p.  838,  pL  12.     19  February  1849,  P.  L.  S3. 

Know  all  men  by  these  presents,  that  the  Chester  Valley 
Railroad  Company, — John  Rea  and  George  Rex,  both  of  the 
Township  of  Penn,  in  the  County  of  Chester  and  State  of  Penn- 

(«)  Zack  V.  Penn,  Railroad  Co.,,  1  Casey  396  ;  Tucker  v.  Erie  Railroad  Co., 
3  Id.  283. 


RAILROADS.  661 

sylvania,  are  held  and  firmly  bound  unto  Harman  Bond,  of  the 
Township  of  East  Whiteland,  in  the  county  and  state  aforesaid, 
the  sum  of  two  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Ilarman  Bond,  his  certain  attor- 
ney, executors,  administrators  and  assigns,  to  which  payment 
well  and  truly  to  be  made,  the  said  The  Chester  Valley  Rail- 
road Company,  John  Bea  and  George  Rex,  bind  themselves, 
their  successors,  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents  :  Sealed  with  their  seals,  dated 
the  first  day  of  September,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-six. 

Whereas  the  said  The  Chester  Valley  Railroad  Company 
have  located  and  determined  a  route  for  a  railroad  in  pursu- 
ance of  their  Act  of  Incorporation,  and  are  desirous  to  enter 
upon  lands  of  said  Harman  Bond,  in  the  Township  of  East 
Whiteland  in  said  county,  through  which  said  route  passes,  and 
to  establish  and  construct  thereon  a  railroad  with  one  track  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
The  Chester  Valley  Railroad  Company  will  pay  or  cause  to 
be  paid  to  the  said  Harman  Bond,  his  certain  attorney,  execu- 
tors, administrators  or  assigns,  such  amount  of  damages  as  he 
shall  be  entitled  to  receive,  for  the  entering  by  the  said  com- 
pany upon  the  said  lands,  and  establishing  and  constructing  a 
railroad  thereon,  after  said  damages  shall  have  been  agreed 
upon  by  the  parties,  or  assessed  in  the  manner  provided  by  law, 
then  this  obligation  to  be  void,  or  else  remain  in  full  force  and 
virtue. 

c    1   T       111.        1-1  William  Morris, 

bealed  and  delivered  in  |  -r.      •  i 

rresident. 


the  presence  of 
Thomas  Gross, 
James  Ross. 


[Seal  of  R.  R.  Co.] 

John  Rea,         [l.  s.] 
George  Rex.    [l.  s.] 


662  RAILROADS. 


32.  Notice  of  Filing  Bond. 

p.  839,  pi.  15.     9  April  IS56,  P.  L.  288. 

To  Harman  Bond : 

Sir, — Please  to  take  notice,  that  the  Chester  Yalley  Railroad 
Company  will,  on  the  24th  day  of  October  next,  present  to  the 
Court  of  Common  Pleas  of  Chester  County  for  filing  therein,  the 
bond  of  the  said  Company,  dated  September  1st,  1856,  with  John 
Rea  and  George  Rex  as  sureties,  in  the  sum  of  two  thousand 
dollars,  conditioned  for  the  payment  to  you  of  such  amount 
of  damages  as  you  may  be  entitled  to  receive  for  the  entering 
of  said  company  upon  your  lands,  and  establishing  and  con- 
structing a  railroad  thereon,  which  bond  has  been  tendered  to 
and  refused  by  you. 

William  Morris, 
President  of  Chester  Valley  Railroad  Company. 

September  10,  1856. 


33.  Petition  of  Company  to  approve  Bond. 

p.  839,  pi.  15.     9  April  1856,  P.  L.  288. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County: 

The  petition  of  the  Chester  Yalley  Railroad  Company,  Re- 
spectfully represents. 

That  the  said  petitioners  have  located  and  determined  a  route 
for  a  railroad,  in  pursuance  of  their  Act  of  Incorporation,  and 
that  they  are  desirous  to  enter  upon  lands  of  Harman  Bond, 
through  which  said  route  passes,  in  the  Township  of  East  White- 
land  in  said  county,  to  establish  and  construct  on  said  land  a  rail- 
road with  one  track  ;  that  in  pursuance  of  the  Act  of  Assembly  in 
such  case  made  and  provided,  they  did  on  the  second  day  of 
September  last  past,  tender  to  the  said  Harman  Bond  a  bond 
in  the  sum  of  two  thousand  dollars,  with  John  Rea  and  George 
Rex  as  sureties,  conditioned  for  the  payment  by  the  petitioners 


RAILROADS.  663 

to  tlie  said  Harman  Bond,  of  such  amount  of  damages  as  lie 
shall  be  entitled  to  receive,  for  the  entering  by  the  said  Com- 
pany upon  said  lands,  and  establishing  and  constructing  a  rail- 
road thereon,  after  said  damages  shall  have  been  agreed  on  by 
the  parties,  or  assessed  according  to  law  ;  that  said  Harman 
Bond  has  refused  said  bond ;  the  petitioners,  therefore,  here- 
with present  said  bond  to  the  Court,  and  pray  that  the  same 
with  the  sureties  may  be  approved,  and  said  bond  may  be  filed 
in  this  Court  for  the  benefit  of  the  said  Harman  Bond. 
jAnd  they  will,  &c. 

William  Morris,  President 
Of  Chester  Valley  Railroad  Company. 
October  24,  1856. 

Chester  county,  ss. 

William  Morris,  President  of  the  Chester  Valley  Railroad 
Company,  being  sworn  in  due  form  of  law,  says,  that  the  state- 
ments in  the  foregoing  petition,  are  true  as  he  verily  believes  ; 
and  that  the  foregoing  petition  is  presented  by  order  of  the  said 
Company. 

Sworn  and  subscribed,  October  >.  William  Morris. 

24,  1856,  in  open  Court.         I 
James  Davis,  i 

Prothonotary. 

And  now,  October  24,  1826,  upon  the  petition  of  the  Chester 
Valley  Railroad  Company  being  read,  and  it  appearing  to  the 
Court  that  due  notice  of  presenting  the  same  has  been  given  to 
Harman  Bond  therein  named,  the  Court,  upon  due  considera- 
tion, do  approve  of  the  said  bond  and  sureties,  and  direct  that 
the  said  bond  shall  be  filed  for  the  benefit  of  the  said  Harman 
Bond. 


664  RAILROADS. 

34.  Appeal  from  Assessment  of  Damages. 

p.  839,  pi.  14.     27  April  1855,  P.  L.  365. 

Harman  Bond        "^  In  the  Court  of  Common  Pleas  of 

V.                     !  Chester  County. 

The  Chester  Valley  [  Upon    Report    of    Jury  Assessing 

Railroad  Company,   j  Damages. 

May  1,  1860.  Harman  Bond,  the  above-named  plaintiff, 
being  aggrieved  by  the  report  of  the  jurors  assessing  damages 
for  him  against  the  defendants  in  the  above  case,  appeals  from 
the  same  to  the  Court  of  Common  Pleas  of  Chester  County. 

Harman  Bo:nd. 

Chester  county,  ss. 

Harman  Bond,  the  above-named  appellant,  being  duly  sworn, 
says,  that  it  is  not  for  delay  that  the  above  appeal  is  entered, 
but  because  he  firmly  believes  injustice  has  been  done. (a) 
Sworn  and  subscribed,  May  \  Harman  Bond. 

1,  1860,  before  V 

John  Graves,  J.  P.      J 


Harman  Bond 

V. 


35.   Order  for  Issue  on  Appeal. 

p.  840,  pL  16.     9  April  1856,  P.  L.  289. 

"^    In  the  Court  of  Common  Pleas  of 

Chester  County. 

^        ^       ""      ,.  I  Of  May  Term,  1860.     No.  10. 

The  Chester  valley      _^  ,      .  ,.  -r^ 

T,  n  Lpon   the  Assessment  oi   Damages 

Railroad  COxMpany.  ^^     ^t  tv     i 

j        ior  Harman  Bond. 

And  now,  May  2,  1860,  on  motion  of  Job  Mann,  of  counsel 
with  the  plaintiff,  the  Court  direct  that  the  above  cause  be  put 
at  issue,  as  in  an  action  of  trespass  quare  clausum  fregit,  in 
which  the  plaintiff  shall  declare  as  in  such  action,  and  the 
defendant  plead  the  general  issue. (6) 

(a)  There  is  no  special  requisition  in  the  Act  requiring  an  affiJ.ivit :  but  in 
analogy  to  other  cases  of  appeal,  it  is  supposed  to  be  the  usual  as  it  is  the  safer 
practice. 

(6)  If  it  is  deemed  better  to  frame  a  feigned  issue,  the  forms  given  for  issue 
as  to  Lateral  Railroads  {ante,  645)  may  be  used,  mutatis  inutandis. 


REAL    ESTATE.  6G5 

36.  Removal  of  Suit  to  another  County, — Affidavit. 

p.  842,  pi.  29.     14  April  1834,  P.  L.  395. 

Henry  James  ^  t    ^-l     n      <.    c  n  -r>^  e 

I  in  the  Court  ot   (Jommon  i'leas   ot 
v  ( 

^        ^  *      __.  y      Chester  County. 

The  Chester  Valley     ^f  r\  4.  t.     rn         -lorr      xr     ia 
I  Of  October  Term,  1856.     No.  40. 
Railroad  Company.    -" 

The  Prothonotai-y  will  certify  the  record  in  the  above  suit, 
for  removal  by  the  defendant  to  the  Court  of  Common  Pleas 
of  Berks  County,  to  be  proceeded  in  in  said  Court,  according 
to  the  Act  of  Assembly  in  such  case  made  and  provided. 

William  Marshall, 

For  Defendant. 
October  20,  1856. 
Chester  county,  ss. 

William  Morris,  President  of  the  Chester  Valley  Railroad 
Company,  being  duly  sworn,  says,  that  the  removal  of  the 
above  suit  is  not  made  for  the  purpose  of  delay,  but  because  he 
firmly  believes  a  fair  and  impartial  trial  cannot  be  had  in  the 
said  County  of  Chester. 

Sworn  and  subscribed,  in  open  ^  William  Morris. 

Court,  October  20,  1856.       I 
James  Davis,  ( 

Prothonotary. 


REAL   ESTATE. 

1.  Petition  for  Sale  to  bar  JExecutorj/  Devise. 

P.  851,  pi.  1.     p.  852,  pi.  6.     18  April  1853,  P.  L.  503,  605. 

In  the  Estate  op  John  "I  In  the  Orphans'  Court  of  Chester 
Gregg,  deceased.  /      County. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
said  County  of  Chester  : 

The  petition  of  James  Wills,  Executor  of  the  last  \y\\\  and 
testament  of  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  Respectfully  represents, 


66Q  REAL    ESTATE. 

That  the  said  John  Gregg  died  on  or  about  the  first  day  of 
^lay  last,  seised  in  his  demesne  as  of  fee,  of  and  in  (describe 
real  estate),  and  having  made  his  last  will  and  testament  in 
writing,  dated  the  first  day  of  June,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty,  since  his  death  duly 
proved,  the  tenth  day  of  the  month  of  May  aforesaid,  and 
remaining  on  file  in  the  Register's  Office  of  said  county :  That 
by  his  said  will  he  did,  amongst  other  things,  devise  the  above- 
mentioned  real  estate  to  his  son  James  Gres'cr  for  life,  and  in 
case  the  said  James  Gresrc:  should  die  in  the  lifetime  of  Charles 

DO 

Gregg,  that  the  said  real  estate  should  go  at  the  deatb  of  tbe 
said  James  Gregg  as  aforesaid  to  the  said  Charles  Gregg  and 
bis  heirs  for  ever,  and  of  the  said  will  appointed  the  petitioner 
the  Executor,  and  that  he  has  taken  upon  himself  the  burden 
of  the  execution  thereof;  that  the  said  real  estate  is  not  pro- 
ductive, but  is  so  situated  that  in  the  opinion  of  the  petitioner 
it  will  sell  for  a  sum  of  money,  the  interest  of  which  will  be 
much  greater  than  any  annual  income  from  the  rents  and  profits 
of  said  real  estate  (or  as  the  case  may  be, — set  out  the  facts  to 
inform  the  Court  of  propriety  of  sale),  and  that  it  is  therefore 
greatly  to  the  interest  and  advantage  of  the  said  James  Gregg, 
and  all  other  persons  interested  in  said  real  estate,  that  the 
same  should  be  sold.  And  the  petitioner  having  set  forth  an 
explanation  of  the  title  of  the  said  Charles  Gregg,  and  showing 
to  the  Court  that  it  is  his  purpose  to  defeat  his  contingent 
remainder  therein,  prays  the  Court  to  make  a  decree  for  the 
sale  of  the  said  real  estate.  And  he  will,  &c. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


2,  Assent  of  Parti/. 

p.  851,  pi.  3.     18  April  1853,  P.  L.  504. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

I,  James  Gregg,  mentioned  in  the  foregoing  petition  of  James 
Wills,  and  interested  in  the  real  estate  therein  mentioned,  do 


REAL    ESTATE.  667 

certify  to  the  Court  that  I  have  had  notice  of  said  application, 
and  believing  it  to  be  to  the  interest  and  advantage  of  those 
interested  therein,  that  the  same  should  be  sold,  join  in  the 
prayer  of  the  said  petition  that  this  Court  would  decree  a  sale 
of  said  real  estate. 

James  Gregg. 
Chester  county,  ss. 

Seth  Jones  and  Abel  Lea,  being  severally  duly  sworn  accord- 
ing to  law,  say,  that  they  are  well  acquainted  with  the  real 
estate  late  of  John  Gregg,  deceased,  mentioned  and  described 
in  the  foregoing  petition,  and  are  of  opinion  that  the  same  will 
bring  at  a  cash  sale,  not  more  than  five  thousand  dollars,  and 
that  they  are  not  interested  in  said  estate. 

Sworn  and  subscribed.  May  1,    ^ 

1860,  before  I  ^^^^  J°^^^' 

T  I.    r<  T  -n  I  Abel  Lea. 

John  Graves,  J.  r.  j 


3.  Petition  to  let  Estate  of  Lunatic  on  Ground-rent,  and 
divide,  ^c. 

p.  851,  pi.  1,  &c.     18  April  1853,  P.  L.  503. 

In  the  Estate  of  John  "I  In  the  Court  of  Common  Pleas  of 
Gregg,  a  Lunatic.         J      Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  aforesaid  : 

The  petition  of  James  Wills,  Committee  of  the  person  and 
estate  of  the  above-named  John  Gregg,  Respectfully  represents, 

That  the  said  John  Gregg  was,  on  the  tenth  day  of  April 
last,  duly  found  a  lunatic  by  an  inquisition  under  the  authority 
of  this  Court,  and  the  petitioner  was  appointed  Committee  of 
bis  person  and  estate ;  that  the  next  of  kin  and  heirs  of  the 
said  John  Gregg,  are  Sarah  Gregg  his  wife,  and  two  children, 
viz.,  Charles  Gregg  and  James  Gregg,  the  said  James  Gregg 
being  a  minor,  and  having  for  his  guardian  Enoch  Rex :  That 
the  said  John  Gregg  is  seised  in  fee  of  the  following  described 
real  estate,  viz. :  (describe  it),  that  (set  out  the  facts  to  inform 
Court  of  propriety  of  sale),  it  is  therefore  for  the  interest  and 


668  REAL    ESTATE. 

advantage  of  the  said  John  Grefro-  and  all  others  interested 
therein,  that  the  same  should  be  let  upon  ground-rent ;  and  the 
petitioner  further  representing  to  the  Court  that  the  said  real 
estate  vriW  command  the  greatest  rents  by  being  subdivided,  and 
that  the  premises  will  admit  of  laying  out  streets  and  alleys, 
according  to  a  draft  or  plot  of  the  same  hereto  annexed,  prays 
the  Court  to  make  a  decree  for  the  conveying  of  said  real  estate 
according  to  said  subdivision,  and  for  laying  out  the  streets 
and  alleys  as  in  said  plot  described. 

And  he  will,  &c. 

James  Wills. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


4.  Petition  to  mortgage  Estate  of  Person  unheard  of  for  Seven 

Years. 

p.  Sol,  pi.  1,  &c.     18  April  1853,  P.  L.  503. 

In  the  Estate  of  \  In  the  Court  of  Common  Pleas  of  Chester 
John  Gregg,        j      County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  the  County  of  Chester  : 

The  petition  of  Sarah  Gregg,  Respectfully  represents.  That 
John  Gregg  above  named,  left  his  home  in  the  Township  of 
Penn,  in  the  said  County  of  Chester,  on  or  about  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-three,  for  the  purpose  of  going  to  the  City  of  New 
York,  to  sail  thence  to  the  City  of  Liverpool ;  that  the  said 
John  Gregg  has  been  absent  and  unheard  from  since  that  time, 
although  frequent  and  diligent  inquiry  has  been  made  for  him 
in  the  said  cities  of  New  York  and  Liverpool  and  elsewhere,  by 
advertisement  in  public  newspapers  and  otherwise  (as  the  facts 
may  be) ;  that  the  persons  interested  in  the  estate  of  the  said 
John  Gregg,  are  your  petitioner,  his  wife  and  two  children 
James  Gregg  and  Jane  Gregg,  the  latter  being  a  minor  above 
the  age  of  fourteen  years  ;  that  the  said  John  Gregg  is  seised 
in  fee  of  the  following  described  real   estate,  viz.  (describing 


REAL    ESTATE.  669 

it),  and  that  the  d^yelling-house  and  other  buildings  in  said  real 
estate  are  greatly  out  of  repair ;  that  the  sum  of  five  hundred 
dollars  Avill  be  necessary  to  make  said  repairs  and  the  income 
of  the  said  estate  is  not  sufficient  for  that  purpose  after  sup- 
porting the  family  of  the  said  John  Gregg  (set  forth  the  reasons 
as  they  may  be).  The  petitioner  therefore  showing  to  the  Court 
by  the  facts  herein  set  forth,  that  the  said  John  Gregg  has  been 
absent  and  unheard  from  for  seven  years,  under  those  circum- 
stances from  which  the  law  would  presume  his  death,  and  that 
it  is  for  the  interest  and  advantage  of  the  persons  interested 
therein  that  the  said  real  estate  should  be  mortg-aged  for  the 
purposes  aforesaid,  prays  the  Court  to  decree  a  mortgage  of 
the  same  to  raise  the  said  sum  of  five  hundred  dollars. 

And  she  will,  &;c. 

Sarah  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


5.  Petition  for  Private  Sale. 

Pp.  851,  852,  pi.  1,  Ac.     18  April  1853,  P.  L.  503. 

In  the  Estate  of  John  1  In  the  Orphans'  Court  of  Chester 

Gregg,  deceased.  j       County. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents.  That 
John  Gregg,  late  of  the  Township  of  Penn  in  said  County  of 
Chester,  died  intestate  in  the  month  of  January  last,  seised  in 
his  demesne  as  of  fee,  as  tenant  in  common  with  John  Robb  of 
an  equal  undivided  moiety  or  half  part  of  the  following  described 
real  estate,  viz.  (describing  it),  and  leaving  to  survive  him  his 
wife  Sarah  Gregg,  and  two  children,  viz.,  James  Gregg  the  pe- 
titioner, and  Charles  Gregg,  to  whom,  according  to  the  intestate 
laws  of  this  Commonwealth,  the  said  real  estate  did  descend  and 
come ;  that  the  said  real  estate  as  now  held,  is  (as  the  case  may 
be,  setting  out  facts  to  inform  the  Court) :  The  petitioner  there- 
fore showing  to  the  Court,  by  the  facts  above  stated,  that  it  will 
be  for  the  interest  and  advantage  of  the  persons  interested  therein, 


-670  REAL    ESTATE. 

that  the  interest  of  the  said  John  Gregg  should  be  sold,  and  also 
that  a  better  price  can  be  obtained  at  private  sale  than  at  public 
sale,  prays  the  Court  to  decree  a  private  sale  of  the  same. 

And  he  will,  &c. 

James  Gregg. 
(AflEidavit  of  truth  of  petition  to  be  inserted.) 
Chester  county,  ss. 

Job  Mann  and  Seth  Jones  being  duly  sworn  say,  that  they  are 
well  acquainted  with  the  real  estate  mentioned  in  the  foregoing 
petition,  and  that  in  their  opinion  the  interest  of  the  said  John 
Gregg  therein  is  Avorth  at  a  cash  sale  the  sum  of  one  thousand 
dollars ;  and  that  a  better  price  can  be  obtained  therefor  at  a 
private  than  at  a  public  sale,  and  that  they  are  in  nowise  inter- 
ested in  said  estate. 

Sworn  and  subscribed,  May  1,  ^  Job  Mann, 

1860,  before  me  >  Seth  Jones. 

H.  Fleming,  J.  P.    J 


6.   Order  for  Citation  to  Appear,  and  Appointment  of  Chiardian. 

p.  851,  pi.  3.     18  April  1853,  P.  L.  504. 

In  the  Orphans'  Court  of  Chester 


In  the  Estate  of  John 
Gregg,  deceased. 


County. 
>  On   the  petition  of  James  Wills, 

Executor,  &c.,  for  Sale  of  Real 

Estate. 

And  now.  May  1,  1860,  Upon  the  petition  of  James  Wills, 
Executor,  &c.  of  John  Gregg,  late  of  the  Township  of  Penn  in 
the  said  County  of  Chester,  deceased,  praying  for  a  decree  to 
sell  the  real  estate  of  said  deceased  in  said  petition  described, 
Charles  Gregg,  one  of  the  persons  interested,  voluntarily  ap- 
peared, and  by  writing  filed,  prayed  the  Court  to  make  said 
decree :  Whereupon  the  Court  fix  the  tenth  day  of  June  next 
for  the  parties  to  appear,  and  direct  that  a  citation  be  served  on 
all  the  other  parties  named  in  said  petition  who  shall  not  have 
appeared,  and  for  the  parties  in  interest  who  cannot  otherwise 
be  served,  the  Court  direct  an  advertisement  of  said  citation 
to  be  published  in  the  "Press,"  a  newspaper  published  in  the 


REAL   ESTATE.  671 

City  of  Philadelphia,  and  the  "  Times,"  a  newspaper  published 
in  the  City  of  New  York,  once  a  week  for  four  successive  weeks 
prior  to  the  tenth  day  of  June  next :  And  it  appearing  to  the 
Court  that  Mary  Robb,  a  minor  party  interested,  has  no  guar- 
dian, the  Court  appoint  Seth  Jones  guardian  for  said  minor. 


7.    Citation  to  Parties  to  Appear. 

P.  851,  pi.  3.     18  April  1853,  P.  L.  504. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania,  to   Sarah 

[Seal,]  Gregg,  widow  of  John  Gregg,  late  of  the  Township 
of  Penn,  in  the  said  County  of  Chester,  deceased, 
James  Gregg,  Jane  Robb,  intermarried  with  George  Robb, 
Thomas  Gregg,  a  lunatic,  who  has  for  his  committee  Enoch 
Rex,  Mary  Robb,  a  minor,  who  has  for  her  guardian  Seth 
Jones :  the  said  James,  Jane,  Thomas  and  Mary,  being  child- 
ren and  heirs-at-law  of  the  said  John  Gregg ;  and  to  all  per- 
sons interested  in  the  real  estate  of  said  deceased  ;   Greetins  : 

Whereas  James  Wills,  Executor  of  said  deceased,  has  pre- 
sented his  petition  to  the  Orphans'  Court  of  Chester  County, 
representing  to  the  said  Court,  that  it  will  be  for  the  interest 
and  advantage  of  those  interested  in  the  following  described 
real  estate,  late  the  property  of  said  deceased,  viz.  (describing 
it) :  that  the  same  should  be  sold,  and  the  Court  has  fixed  the 
tenth  day  of  June  next  at  ten  o'clock  in  the  forenoon,  at  the 
Court  House  in  the  Borough  of  West  Chester,  for  the  parties  in- 
terested in  the  said  real  estate  to  appear :  These  therefore  are 
to  warn  you  and  each  of  you,  to  appear  at  the  day  and  place 
above  designated,  and  you  shall  be  heard :  Witness  the  Honor- 
able Townsend  Haines,  President  of  our  said  Orphans'  Court 
at  West  Chester,  the  first  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty. 

George  Fisher, 

Clerk. 

Chester  county,  ss. 

William  Lynch  being  duly  sworn  says,  that  he  served  the 
within  citation  on  Thomas  Gregg  therein  named,  on  the  tenth 


-672  REAL    ESTATE. 

day  of  May  last,  by  leaving  a  true  copy  thereof  with  Enoch 
Rex,  his  committee :  on  Sarah  Gregg  on  the  same  day,  by  leav- 
ing a  true  copy  thereof  at  her  dwelling-house  with  an  adult 
member  of  her  family :  on  Jane  Robb  on  the  same  day,  by 
giving  a  true  copy  thereof  to  George  Robb,  her  husband,  and 
on  Mary  Robb  on  the  fifth  day  of  the  same  month  of  May,  by 
giving  a  true  copy  thereof  to  her  guardian,  Enoch  Rex,  and 
that  the  deponent  could  not,  after  diligent  search,  find  the  said 
James  Gregg  so  as  to  serve  said  citation  on  him ;  the  deponent 
further  says  that  he  saw  an  advertisement  of  said  citation,  of 
which  the  annexed  is  a  true  copy,  published  once  a  week  for 
four  successive  weeks,  in  the  "Press,"  a  newspaper  published 
in  the  City  of  Philadelphia,  to  wit,  on  the  fifth,  twelfth,  nine- 
teenth and  twenty-sixth  days  of  May  last,  and  in  the  "  Times," 
a  newspaper  published  in  the  City  of  New  York,  on  the  sixth, 
thirteenth,  twentieth  and  twenty-seventh  days  of  the  same 
month. 

Sworn  and  subscribed,  June  10,  "j  William  Lynch. 

18G0,  before  V 

John  Graves,  J.  P.      J 


8.  Appointment  of  Auditor. 

p.  851,  pL  3.     P.  832,  pL  4.     18  April  1853,  P.  L.  504. 

^   In  the  Orphans'  Court  of  Chester 

T  -r,  T  County. 

In  the  Estate  of  John  I  ^^         ,  "^  „  ,.,.       -  ^         ^.... 
r^  ^  -,  c  Upon  the  Petition  of  James  V\  ills, 

txREGG,  deceased.  V,         ^        p        ,        n  t>     i  t? 

Executor,  &c.,  to  sell  Real  Es- 
tate. 
And  now,  June  10,  1860,  It  appearing  to  the  Court  by  the 
return  of  the  citation  in  this  case  and  proof  by  the  oath  of 
William  Lynch  filed  of  record,  that  the  same  had  been  served 
according  to  the  order  of  the  Court  and  the  parties  making  de- 
fault, the  Court  appoint  David  Bond  to  make  report  of  the  facts 
of  the  case  to  aid  the  Court  herein. 


In  the  Estate  of  John 


REAL    ESTATE.  673 

9.  Decree  of  Sale. 

p.  851,  pi.  3.     P.  862,  pi.  4,  6.     18  April  185.3,  P.  L.  504,  505. 

In  the  Orphans'  Court  of  Chester 

County. 
,  '        ■"  I  Upon  the  Petition  of  James  Wills, 

Executor,    &c.,    to    sell    Real 

Estate. 

And  now,  August  1,  1860 ;  The  report  of  David  Bond,  ap- 
pointed to  report  on  the  facts  of  the  case,  being  made,  the 
Court,  after  a  full  and  careful  investigation  aided  by  said 
report,  do  decree  a  sale  of  the  real  estate  mentioned  and 
described  in  the  petition  in  the  case,  said  sale  to  be  by  public 
sale  or  vendue  on  the  premises  (or  as  the  case  may  be),  after 
full  advertisement  for  at  least  twenty  dayg,  by  hand-bills,  posted 
in  at  least  twenty  of  the  most  public  places  in  said  County  of 
Chester,  and  in  two  newspapers  in  said  county,  not  less  than 
three  times  in  each,  and  that  said  sale  be  made  on  the  following 
terms,  viz. :  One-third  of  the  purchase-money  to  be  paid  cash  on 
the  confirmation  of  the  sale,  one-third  in  one  year,  and  one-third 
in  two  years  thereafter ;  the  two  latter  payments,  with  interest 
payable  annually,  to  be  secured  by  judgment  bond  and  mort- 
gage on  the  premises ;  and  the  Court  direct  that  the  said  decree 
be  executed  by  the  said  James  Wills,  executor,  &c.,  of  the  said 
John  Gregg,  deceased ;  the  said  James  Wills,  before  executing 
the  same,  to  enter  into  bond  to  the  Commonwealth  in  the  sum 
of  ten  thousand  dollars,  with  Seth  Jones  and  Abel  Lea  as  his 
sureties,  who  are  approved  by  the  Court,  conditioned  for  the 
faithful  execution  of  said  trust  and  proper  application  of  all 
moneys  to  be  received  according  to  said  trust  and  decree. 


10.  Decree  of  Private  Sale. 

P.  851,  pi.  3.     p.  852,  pi.  4,  6.     18  April  1853,  P.  L.  504,  505. 


In  the  Estate  of  John 
Gregg,  deceased. 

43 


In  the  Orphans'  Court  of  Chester 

County. 
On  the  Petition  of  James  Gregg 

for  the  Sale  of  Real  Estate. 


674  REAL    ESTATE. 

And  now,  June  10,  1860,  It  appearing  to  the  Court,  by  the 
return  of  the  citation  in  this  case  and  proof  by  the  oath  of 
William  Lynch  filed  of  record,  that  the  same  had  been  served 
according  to  the  order  of  the  Court,  and  the  parties  making 
default ;  the  Court  after  full  and  cai  eful  investigation,  being  of 
opinion,  that  under  the  circumstances,  a  better  price  can  be  ob- 
tained at  private  sale  than  at  public  sale,  do  approve  and  de- 
cree a  private  sale, — one-half  of  the  purchase-money  to  be  paid 
cash,  on  the  confirmation  of  said  sale,  and  the  other  half  in  one 
year,  the  latter  payment  with  its  interest,  to  be  secured  by 
judgment  bond  and  mortgage  on  the  premises  (or, — as  the  order 
may  be).  And  the  Court  direct  that  the  said  decree  be  executed 
by  James  Grregg  (or  as  the  case  may  be),  he,  before  executing  the 
same,  to  enter  into  bond  to  the  Commonwealth,  in  the  sum  of 
ten  thousand  dollars,  with  Seth  Jones  and  Abel  Lea  as  his 
sureties,  who  are  approved  by  the  Court,  conditioned  for  the  faith- 
ful execution  of  said  trust  and  proper  application  of  all  moneys 
to  be  received  according;  to  said  trust  and  decree. 


11.  Decree  of  Sale  and  Division,  ^c. 

p.  851,  pi.  3.     P.  852,  pi.  4.     IS  April  185.3,  P.  L.  504,  505. 

In  the  Orphans'  Court  of  Chester 

T  -r>  T  County. 

In  the  Estate  of  John      „      i     V»    .  .        ,.   t  tttm, 

^  ,  ,  >  Un  the  Jretition  or    James  VVills, 

(jREGa,  deceased.  \      -c        ..       p     ^i     o  i       r-  -n     i 

Jiixecutor,  tor  the  bale  oi   Keal 

Estate,  &c. 
And  now,  June  10,  18G0,  It  appearing  to  the  Court  by  the 
return  of  the  citation  in  this  case  and  proof  by  the  oath  of  William 
Lynch,  filed  of  record,  that  the  same  had  been  served  according 
to  the  order  of  the  Court,  and  the  parties  making  default  in  ap- 
pearing, the  Court  after  full  and  careful  investigation,  decree  a 
sale  of  said  real  estate,  at  the  mansion-house  on  said  real  estate, 
entirely  for  cash  (or,  as  Court  may  order),  after  full  advertisement 
for  at  least  twenty  days,  by  hand-bills  posted  in  at  least  twenty 
of  the  most  public  places  in  said  County  of  Chester,  and  in  two 


REAL    ESTATE.  675 

newspapers  in  said  county,  not  less  than  three  times  in  each : 
And  the  Court  order  the  said  real  estate  to  be  subdivided  in 
the  manner  designated  in  the  plot  or  draft  filed  with  the  peti- 
tion in  this  case,  and  do  also  laj  out  streets  and  alleys  as 
designated  in  said  plot  or  draft,  being  of  opinion  that  said  sub- 
division is  necessary  to  command  the  highest  prices ;  and  the 
Court  direct  said  decree  to  be  executed  by  James  Wills,  Exe- 
cutor, &c.,  of  the  said  John  Gregg ;  the  said  James  Wills, 
before  executing  this  decree,  to  enter  into  bond  to  the  Common- 
wealth, in  the  sum  of  five  thousand  dollars,  with  Seth  Jones  and 
Abel  Lea  as  his  sureties,  who  are  approved  by  the  Court,  con- 
ditioned for  the  faithful  execution  of  the  trust  and  proper  appli- 
cation of  all  moneys  to  be  received,  according  to  said  trust  and 
decree  of  the  Court. 


12.  Bond  of  Trustee  for  Sale. 

p.  852,  pi.  6.     18  April  185.3,  P.  L.  &05. 

Know  all  men  by  these  presents,  that  we,  James  Wills,  Exe- 
cutor, &c.,  of  John  Gregg,  deceased,  Seth  Jones  and  Abel  Lea, 
all  of  the  County  of  Chester,  are  held  and  firmly  bound  unto 
the  Commonwealth  of  Pennsylvania,  in  the  sum  of  ten  thousand 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  Commonwealth,  her  certain  attorney  or  assigns,  to  which 
payment  well  and  truly  to  be  made,  we  do  bind  ourselves  jointly 
and  severally,  our  heirs,  executors  and  administrators,  firmly 
by  these  presents ;  Sealed  with  our  seals,  dated  the  tAvelfth  day 
of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty : 

Whereas  the  said  James  Wills  was,  on  the  tenth  day  of  June 
last,  by  decree  of  the  Orphans'  Court  of  said  County  of  Chester, 
ordered  to  sell  the  real  estate  of  said  John  Gregg,  deceased, 
upon  the  terms  and  conditions  in  said  decree  mentioned : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
James  Wills  shall  faithfully  execute  said  trust  and  shall  properly 
apply  all  moneys  to  be  received  according  to  the  trust  and  do- 


676  REAL    ESTATE. 

cree  of  the  Court,  then  this  obligation  to  be  void,  or  else  to 
remain  in  full  force  and  virtue. 
Sealed  and  delivered  in  the 


presence  of 


James  Wills,  [l.  s.] 
Seth  Jones,      [l,  s.] 


David  Bond,  f  Acel  Lea.         [l.  s.] 

George  Fisher.      J 


13.  Petition  to  Square  and  Adjust  Lines. 

p.  853,  pi.  7.     18  April  1853,  P.  L.  506. 

In  the  Estate  of  John  ")  In  the  Orphans'  Court  of  Chester 

Gregg,  deceased.  j       County. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  said 
County  of  Chester : 

The  petition  of  Enoch  Rex,  guardian  of  the  persons  and 
estates  of  George  Gregg  and  Mary  Gregg,  minor  children  of 
John  Gregg,  late  of  the  Township  of  Penn  in  said  county, 
deceased.  Respectfully  represents. 

That  the  said  minors,  and  James  Greo-fj  and  Charles  Grego:, 
all  heirs  of  the  said  deceased,  hold  in  coparcenary  the  following 
described  real  estate,  viz.  (describing  it) :  that  said  real  estate 
adjoins  lands  of  Seth  Jones,  and  that  the  line  between  the  lands 
of  said  deceased  held  as  aforesaid,  and  the  lands  of  the  said  Seth 
Jones,  is  irregular  and  crooked ;  that  the  petitioner,  with  the 
said  James  and  Charles,  have  entered  into  negotiation  with  the 
said  Seth  Jones  for  squaring  and  adjusting  said  line  as  marked 
in  the  plot  or  draft  hereto  annexed,  by  which  about  one  acre  of 
land  more  or  less  would  be  conveyed  to  the  heirs  aforesaid  of 
said  John  Gregg,  and  about  two  acres  more  or  less  would  be 
conveyed  to  the  said  Seth  Jones ;  that  in  the  opinion  of  the 
petitioner,  the  land  of  said  heirs  proposed  to  be  conveyed  to  the 
said  Seth  Jones,  is  worth  one  hundred  dollars  more  than  the 
land  proposed  to  be  conveyed  by  him  to  the  said  heirs,  which 
sum  the  petitioner  believes  the  said  Seth  Jones  is  willing  to  pay 
upon  the  consummation  of  proper  conveyances  : 

The  petitioner  further  representing  to  the  Court,  that  it  will 
be  for  the  interest  and  advantaffe  of  those  interested  in  said 


REAL    ESTATE.  677 

real  estate,  tliat  lie  should  be  authorized  to  make  and  take  con- 
veyances as  aforesaid  to  square  and  adjust  said  lines,  prays  the 
Court  to  make  a  decree  for  that  purpose. 

And  he  will,  &c. 

Enoch  Rex. 
(Affidavit  of  truth  of  petition  to  be  appended.) 

Chester  county,  ss. 

Abel  Lea  and  George  Fox,  being  severally  duly  sworn  say, 
that  they  are  well  acquainted  with  the  lands  late  of  John  Gregg, 
deceased,  and  the  lands  of  Seth  Jones  in  the  foregoing  petition 
mentioned,  and  having  examined  the  same  with  reference  to  the 
squaring  and  adjusting  the  line  between  said  lands,  are  of 
opinion  that  the  sum  of  one  hundred  dollars,  and  the  land  pro- 
posed to  be  conveyed  by  the  said  Seth  Jones,  will  be  a  fair  and 
full  consideration  for  the  conveyance  of  the  land  late  of  John 
Gregg  to  said  Seth  Jones,  and  that  the  deponents  are  not  inte- 
rested in  any  of  said  lands. 

Sworn  and  subscribed.  May  1,^  Abel  Lea, 

1860,  before  >  George  Fox. 

John  Graves,  J.  P.      J 


14.  Petition  to  Purchase  Land,  ^c. 

p.  853,  pL  7.     18  April  1853,  P.  L.  506.     P.  1374,  pi.  1.     18  April  1864,  P.  L.  462. 

In  the  Estate  of  John  "I  In  the  Orphans'  Court  of  Chester 

Gregg,  deceased.  J      County. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of  said 
County  of  Chester : 

The  petition  of  James  Wills,  guardian  of  George  Gregg, 
minor  child  of  John  Gregg,  late  of  the  Township  of  Penn  in 
said  county,  deceased.  Respectfully  represents, 

That  the  said  John  Gregg  died  about  the  first  day  of  Janu- 
ary last,  seised  in  his  demesne  as  of  fee,  amongst  otlier  lands,  of 
the  following  described  real  estate,  viz. :  a  water-mill,  messuage, 
and  tract  of  land  situate,  &c.  (or  as  may  be,  describing  them). 


678  REAL    ESTATE. 

having  made  his  will  in  writing,  bearing  date  the  first  day  of 
June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-nine,  and  since  his  decease  duly  proved  on  the  tenth  day 
of  January  aforesaid ;  that  by  said  will  he  devised  to  his  son, 
the  above-named  George  Gregg,  who  is  a  minor,  the  above- 
mentioned  real  estate  in  fee,  and  appointed  the  petitioner 
guardian  of  the  person  and  estate  of  the  said  George  Gregg 
during  his  minority :  The  petitioner  further  represents,  that  by 
the  purchase  from  Seth  Jones  of  a  piece  of  land  adjoining  said 
real  estate,  containing  about  four  acres,  as  marked  and  described 
in  the  plot  or  draft  hereto  annexed,  the  dam  belonging  to  said 
mill  could  be  raised  in  height  and  the  power  of  said  mill  advan- 
tacreously  increased ;  that  said  land  can  be  purchased  for  the 
sum  of  five  hundred  dollars,  and  will  be  useful  for  the  business 
carried  on  in  the  above-mentioned  real  estate  of  the  said  George 
Gregg  (setting  out  whatever  facts  may  be).  The  petitioner 
therefore  prays  the  Court  to  decree  that  he  may  purchase  said 
land  from  the  said  Seth  Jones  for  the  said  minor  for  the  purpose 
aforesaid. 

And  he  will,  &c. 

James  Wills. 
(Afiidavit  of  truth  of  petition  to  be  appended.) 

Chester  county,  ss. 

Abel  Lea  and  George  Fox,  being  duly  sworn  say,  that  they 
are  well  acquainted  with  the  real  estate  of  the  said  George 
Gregg,  mentioned  and  described  in  the  foregoing  petition,  and 
also  with  the  piece  of  land  proposed  to  be  purchased  from  the 
said  Seth  Jones,  and  that  in  their  opinion  the  sum  of  five  hun- 
dred dollars  is  a  reasonable  and  just  price  for  said  piece  of 
land. 

Sworn  and  subscribed,  May  1, 1  Abel  Lea, 

1860,  before  >  George  Fox. 

John  Graves,  J.  P.  ) 


REAL    ESTATE.  679 


15.  Petition  for  Alloivance  out  of  Accumulation. 

p.  853,  pi.  9.     18  April  1853,  P.  L.  507. 

In  the  Estate  of  John  )  In  tlie  Orphans'  Court  of  Chester 
Gregg,  deceased.  f      County. 

The  petition  of  James  Wills,  Guardian  of  the  person  and 
estate  of  George  Gregg,  a  minor  child  of  John  Gregg,  late  of 
the  Township  of  Penn  in  said  county,  deceased.  Respectfully 
represents, 

That  the  said  John  Gregg  died  about  the  first  day  of  January 
last,  having  made  his  last  will  in  writing,  dated  the  sixth  day 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-nine,  and  proved  the  tenth  day  of  said  month  of 
January,  and  of  said  will  appointed  Enoch  Rex  the  Executor, 
who  took  upon  himself  the  burden  of  the  execution  thereof; 
that  by  said  will  the  testator  devised  to  the  said  George  Gregg 
and  Jane  Robb,  the  wife  of  Charles  Robb,  the  following  de- 
scribed real  estate  in  fee,  viz.  (describing  it),  and  directed  that 
the  income  from  the  same  should  be  received  by  the  said  Enoch 
Rex,  Executor  aforesaid,  and  accumulate  in  his  hands  for  the 
benefit  of  the  said  George  Gregg  and  Jane  Robb  until  the  said 
George  Gregg  should  attain  the  age  of  twenty-one  years,  when 
the  said  accumulations  should  be  paid  to  the  said  George  and 
Jane  in  equal  portions  ;  that  the  annual  income  of  the  whole  of 
said  real  estate  is  about  five  hundred  dollars  ;  that  the  said 
Jane  Robb  is  of  full  age,  and  the  said  George  Gregg  is  about 
the  age  of  fourteen  years,  and  there  are  no  other  means  for  his 
maintenance  and  education,  except  the  income  from  said  real 
estate :  The  petitioner  therefore  prays  the  Court  to  decree  an 
adequate  allowance  out  of  said  income,  for  the  purpose  of 
maintaining  and  educating  the  said  George  Gregg. 

And  he  will,  &c. 

James  Wills. 

(AflBdavit  of  truth  of  petition  to  be  appended.) 


680  REPLEVIN. 

16.  Decree  of  Alloioance  out  of  Accumulation. 

p.  853,  pi.  9.     18  April  1853,  P.  L.  507. 


In  the  Estate  of  George 
Gregg,  a  minor. 


In  the  Orphans'  Court  of  Chester 
County. 

In  the  Matter  of  the  Petition  of 
James  Wills,  Guardian,  for  al- 
lowance for  maintenance. 


And  now,  June  10,  1860,  It  appearing  to  the  Court  by  the 
return  of  the  citation  in  this  case,  and  proof  of  the  oath  of  John 
Babb,  filed  of  record,  that  the  same  had  been  served  according 
to  the  order  of  Court,  and  the  parties  making  default  in  appear- 
ing ;  the  Court,  after  full  and  careful  investigation,  decree  that 
the  sum  of  two  hundred  dollars  out  of  the  income  of  the  said 
real  estate  be  paid  in  half-yearly  payments  on  the  first  days  of 
May  and  November,  in  every  year  until  further  order  of  the 
Court,  by  the  said  Enoch  Rex,  Executor  aforesaid,  to  the  said 
James  Wills,  Guardian,  &c.,  as  an  adequate  allowance  for  the 
maintenance  and  education  of  the  said  George  Gregg,  provided 
that  the  said  sum  shall  be  paid  in  such  manner  as  to  make 
equal  distribution  between  the  said  George  Gregg  and  the  said 
Jane  Robb,  and  if  the  one-half  of  the  income  of  the  said  real 
estate  should  at  any  time,  whilst  this  decree  is  in  force,  be  less 
than  the  sum  of  two  hundred  dollars,  then  that  only  one-half 
of  said  income  shall  be  paid  by  the  said  Enoch  Rex  for  the 
purpose  aforesaid. 


REPLEVIN. 


1.  Precipe. 

P.  867,  pi.  1,  Ac.     Act  of  1705,  1  Sm.  L.  44. 

James  Wills  It,/-.  ^  ^  -r.,  ,.  ^i 

(  in   the   Court   oi  Common   I'leas    of   Chester 

T  ^  County. 

John  Gregg,  j  -^ 

Issue  summons  against  the  defendant  to  answer  the  plaintiff 


REPLEVIN.  681 

wherefore  he  took  one  wagon,  two  horses,  &c.,  of  the  value  of 
three  hundred  dollars,  the  property  of  the  plaintiff,  and  hitherto 
holds  the  same  against  pledges,  &c.,  returnable  to  May  Term 
next. 

Yours,  &c. 

Job  Mann, 
To  James  Davis,  Plaintiff's  Attorney. 

Prothonotary. 


2.  Appraisement. 

P.  867,  pi.  3.     21  March  1772,  1  Sm.  L.  372. 

In   the  Court  of   Common  Pleas  of   Chester 
County. 

JOHN   Gkegg.  \  Of  May  Tevm,  1860.     No.  1. 
■^  Replevin. 


James  Wills  "] 


Chester  county,  ss. 

Seth  Jones  and  Abel  Lea,  being  duly  sworn  say,  that  in  their 

opinion  the  value  of  the  goods  mentioned  in  the  writ  in  the 

above  case,  is  correctly  set  out  in  the  inventory  hereto  annexed, 

and  that  they  are  not  interested  in  the  said  goods  or  said  case. 

Sworn  and  subscribed,  April  15,  "j  Setii  Jones, 

1860,  before  >  Abel  Lea. 

Jesse  John,  Sheriff.      J 

Inventory. 


One  wagon,     . 

•         .         • 

.     $100  00 

One  black  horse, 

•         •         . 

50  00 

One  bay  horse, 

•         •         • 

.       100  00 

$250  00 

Appraised 

by 

Setii  Jones, 
Abel  Lea. 

G82  REPLEVIN. 


3.  Bond. 

p.  867,  pi.  3.     21  March  1772, 1  Sm.  L.  372. 

_  ,„         ^  In  tlie   Court  of   Common    Pleas  of   Chester 

James  \\  ills  )       ^ 

f       County. 

^'  1  Of  May  Term,  1860.     No.  1. 

John  Grewg.  )  -r>     ^     ■ 
■^  rleplevin. 

Know  all  men  by  these  presents,  that  we,  James  "Wills,  the 
plaintiff  above  named,  and  George  Boyd,  all  of  the  County  of 
Chester,  are  held  and  firmly  bound  unto  Jesse  John,  Sheriff  of 
said  County  of  Chester,  in  the  sum  of  five  hundred  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  Jesse 
John,  his  certain  attorney,  executors,  administrators  and  as- 
signs, to  which  payment  well  and  truly  to  be  made,  we  do  bind 
ourselves  jointly  and  severally,  our  heirs,  executors  and  admin- 
istrators, firmly  by  these  presents ;  Sealed  with  our  seals,  dated 
the  fifteenth  day  of  April,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty  : 

Whereas  the  above-bounden  James  Wills  has  obtained  a  cer- 
tain writ  of  replevin,  issued  out  of  the  Court  of  Common  Pleas 
of  Chester  County  aforesaid,  No.  1,  to  May  Term,  a.  d.  1860, 
against  John  Gregg,  the  above-named  defendant,  commanding 
the  said  Jesse  John,  Sheriff  aforesaid,  that  he  should  replevy 
and  cause  to  be  delivered  to  the  said  James  Wills,  certain  goods 
in  said  writ  mentioned  : 

The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  James  Wills  shall  prosecute  his  above-stated  suit  with 
effect  and  without  delay,  and  shall  duly  return  the  goods  and 
chattels  mentioned  and  described  in  the  writ  issued  in  the  above 
suit  in  case  a  return  shall  be  awarded,  then  this  obligation  to 
be  void  and  of  none  effect,  or  else  to  be  and  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  in  the  James  Wills,  [l.  s.] 

presence  of  I  George  Boyd.  [l.  s.] 

David  Bond,  [ 

Job  Mann.  ^ 


REPLEVIN.  683 


4.   Qlaim  Property  Bond. 

In   the  Court   of  Common  Pleas  of  Chester 

[       County. 

T         I:  (Of  May  Term,  1860.     No.  1. 

John  Gregg.  I  t^    ,    . 

■^  Keplevm. 


James  Wills") 


Know  all  men  by  these  presents,  that  we,  John  Gregg  the 
above-named  defendant,  Seth  Jones  and  Abel  Lea,  all  of  the 
County  of  Chester,  are  held  and  firmly  bound  to  Jesse  John, 
Sheriff  of  Chester  county,  in  the  sum  of  five  hundred  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  Jesse 
John,  his  certain  attorney,  executors,  administrators  and  assigns, 
to  which  payment  well  and  truly  to  be  made,  we  bind  ourselves 
jointly  and  severally,  our  heirs,  executors  and  administrators, 
firmly  by  these  presents ;  Sealed  with  our  seals,  dated  the  fif- 
teenth day  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty  : 

Whereas  the  said  John  Gregg  hath  claimed  property  in  the 
good  and  chattels  mentioned  and  described  in  the  writ  issued 
in  the  above  suit,  and  delivery  therefore  of  said  goods  and 
chattels  cannot  be  made  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
John  Gregg  shall  appear  before  the  said  Court  of  Common 
Pleas,  on  the  last  Monday  of  April  instant,  and  then  and  there 
make  good  his  claim  to  said  goods  and  chattels,  and  shall  pay 
all  damages  which  may  be  recovered  against  him  in  said  suit, 
as  well  as  the  value  of  the  said  goods,  as  damages  for  taking 
the  same  and  costs,  and  the  said  Jesse  John,  Sheriff  aforesaid, 
shall  save  and  keep  harmless,  by  reason  of  the  premises,  then 
this  obligation  to  be  void,  or  else  to  be  and  remain  in  full  force 
and  virtue. («) 

Sealed  and  delivered      .  John  Gregg,  [l.  s.] 

in  the  presence  of       I  Seth  Jones,   [l.  s.] 

David  Bond,        [  Abel  Lea.      [l.  s,] 

George  Mann.     ^ 

(a)  See  Marsh  v.  Pier,  4  R.  273  ;  Cliaffeew.  Sarujston,  10  W.  265  ;  Moorer. 
Shenk,  3  Barr  13. 


684  ROADS. 


ROADS. 


1.  Petition. 

P.  871,  pi.  1.     13  June  1836,  P.  L.  555. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  County : 

The  petition  of  the  undersigned,  Respectfully  represents, 

That  they  labor  under  inconvenience  for  want  of  a  public  road, 
to  begin  in  a  public  road  leading  from  Jones's  Mill  to  Rogers's 
Store,  at  a  point  near  John  Gregg's  barn,  in  the  Township  of 
Penn,  and  to  end  in  a  public  road,  leading  from  Wills's  bridge 
over  Elk  Creek  to  Rea's  Tavern,  at  a  point  near  Abel  Lea's 
Mill,  in  the  Township  of  Elk.  The  petitioners  therefore  pray 
the  Court  to  appoint  six  (or  "  three"  as  the  case  may  require), 
persons  qualified  according  to  law,  to  view  the  ground  proposed 
for  such  road,  and  if  they  see  occasion,  lay  out  the  same,  &c., 
and  make  report  of  their  proceedings  to  the  next  term  of  this 
Court. 

And  they  will,  &c. 

George  Boyd, 

April  1,  1860.  John  Gregg. 


2.  Xotice  of  Vieiv. 


Notice  is  hereby  given,  that  the  viewers  appointed  by  the 
Court  of  Quarter  Sessions,  to  view  the  ground  for  a  road  to 
begin  in  a  public  road  leading  from  Jones's  Mill  to  Rogers's 
Store,  at  a  point  near  John  Gregg's  barn,  in  the  Township  of 
Penn,  and  to  end  in  a  public  road  leading  from  Wills's  bridge 
over  Elk  Creek  to  Rea's  Tavern,  at  a  point  near  Abel  Lea's 
Mill,  in  the  Township  of  Elk,  will  meet  at  the  house  of  the  said 
Abel  Lea,  in  the  Township  of  Elk  aforesaid,  on  the  twentieth 


ROADS.  685 

day  of  May  instant,  at  ten  o'clock  in  the  forenoon,  for  the  pur- 
pose of  viewing  said  ground. 

Enoch  Rex, 
George  Boyd, 
May  2,  1860.  James  Keim, 

Viewers. 


3.   Order  to  Six  Viewers. 

p.  871,  pi.  1,  2,  3.     13  June  1836,  P.  L.  5551 

Chester  county,  ss. 

At  a  Court  of   Quarter  Sessions  of  the  Peace 

[Seal.]     held  at  West  Chester  for  the  County  of  Chester,  on 
the  first  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  before  the  Honorable  Town- 
send    Haines,    President,  and  his  Associates,   Judges  of  said 
Court. 

The  petition  of  divers  persons  was  presented,  setting  forth 
that  they  labor  under  inconvenience,  for  want  of  a  public  road, 
to  begin  in  a  public  road  (setting  out  the  road  desired  as  de- 
scribed in  the  petition),  and  praying  the  Court  to  appoint  six 
persons  qualified  according  to  law,  to  view  the  ground  proposed 
for  said  road,  and  if  they  see  occasion,  lay  out  the  same,  &c., 
and  make  report  of  their  proceedings  according  to  law. 

Whereupon  the  Court  do  order  and  appoint  Enoch  Rex, 
George  Rea,  James  Keim,  Wallace  Jones,  Levi  Wick  and  James 
Green,  six  persons  qualified  as  aforesaid,  who,  or  any  five  of 
them,  after  being  respectively  sworn  or  afiirmed  to  perform  the 
duties  of  their  appointment  impartially  and  according  to  the 
best  of  their  judgment,  are  to  view  the  ground  proposed  for  the 
said  road,  and  if  they,  or  any  four  of  the  actual  viewers,  agree 
that  there  is  occasion  for  such  a  road,  they  shall  proceed  to  lay 
out  the  same,  having  respect  to  the  shortest  distance  and  best 
ground  for  a  road,  and  in  such  manner  as  to  do  the  least  injury 
to  private  property,  and  as  far  as  practicable  agreeably  to  the 
prayer  of  the  petitioners ; — and  if  practicable,  the  said  viewers 
shall  lay  out  the  said  road  at  an  elevation  not  exceeding  five 


686  ROADS. 

degrees,  except  at  the  crossing  of  ravines  and  streams,  "where 
by  moderate  filling  and  bridging,  the  declination  thereof  may 
be  preserved  within  that  limit.  The  viewers  shall  make  report 
to  the  next  term  of  said  Court,  stating  particularly  who  of 
them  were  present  at  the  view  and  whether  they  were  severally 
sworn  or  affirmed,  whether  the  road  desired  be  necessary  for  a 
public  or  private  road,  and  shall  also  annex  and  return  to  the 
Court  a  plot  or  draft  thereof,  and  the  courses  and  distances, 
and  noting  briefly  the  improvements  through  which  it  may  pass. 

By  the  Court. 

George  Fisher, 

Clerk. 


4.   Order  to  Tliree  Viewers. 

P.  871,  pi.  1,  2,  3.  P.  872,  pi.  9.  P.  884,  pi.  123.  13  June  1836,  P.  L.  555,  556. 
24  February  1845,  P.  L.  52. 

Chester  county,  ss. 

At  a  Court  of  Quarter  Sessions  of  the  Peace  held 

[Seal.]     at  West  Chester  for  the  County  of  Chester  on  the 
first  day  of  May,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  sixty,  before  the  Honorable  Townsend 
Haines,  President,  and  his  Associates,  Judges  of  said  Court. 

The  petition  of  divers  persons  was  presented,  setting  forth 
that  they  labor  under  inconvenience,  for  want  of  a  public  road, 
to  begin  in  a  public  road  (setting  out  road  desired  as  in  the  peti- 
tion), and  praying  the  Court  to  appoint  three  persons,  qualified 
according  to  law,  to  view  the  ground  proposed  for  said  road  and 
if  they  see  occasion  lay  out  the  same  and  make  report  of  their 
proceedings  according  to  law.  Whereupon  the  Court  appoint 
Enoch  Piex,  James  Keim  and  Wallace  Jones,  three  persons 
qualified  as  aforesaid,  who,  after  being  sworn  or  affirmed,  to 
perform  their  duties  impartially  and  according  to  the  best  of 
their  judgment,  are  all  to  view  the  ground  proposed  for  said  road, 
and  if  they  or  a  majority  of  them  agree  that  there  is  occasion 
for  a  road,  they  shall  proceed  to  lay  out  the  same,  having  respect 
to  the  shortest  distance  and  the  best  ground  for  a  road,  and  in 
such  manner  as  shall  do  the  least  injury  to  private  property,  and 


ROADS.  687 

also  be  as  far  as  practicable,  agreeably  to  the  desire  of  the  pe- 
titioners ;  and  if  practicable,  the  viewers  shall  lay  out  the  road 
at  an  elevation  not  exceeding  five  degrees,  except  at  the  cross- 
ing of  ravines  and  streams,  where  by  moderate  filling  and  bridg- 
ing the  declination  thereof  may  be  preserved  within  that  limit. 
And  before  said  view,  public  notice  of  the  time  and  place  of 
the  meeting  of  the  viewers  must  be  given  by  advertisements  put 
up  in  three  or  more  of  the  most  public  places  in  the  vicinity,  at 
least  ten  days  before  said  meeting  of  the  viewers,  and  written 
or  printed  notice  of  the  time  and  place  of  meeting  of  the  viewers 
must  be  given  to  at  least  one  of  the  supervisors  of  each  of  the 
townships  through  which  the  proposed  road  may  pass,  at  least 
five  days  (and  one  of  the  County  Commissioners  ten  days), (a) 
before  said  meeting ;  The  viewers  shall  make  report  at  the  next 
term  of  the  Court,  stating  particularly  who  of  them  were  pre- 
sent at  the  view,  whether  they  were  severally  sworn  and  affirmed  ; 
and  whether  the  desired  road  be  necessary  for  a  public  or  private 
road :  And  shall  annex  and  return  to  the  Court  a  plot  or  draft 
thereof,  stating  the  courses  and  distances,  and  noting  briefly  the 
improvements  through  which  it  may  pass :  If  the  viewers  shall 
decide  in  favor  of  locating  a  public  road,  they  shall  also  en- 
deavor to  procure  from  the  owners  of  lands  over  which  it  shall 
pass,  releases  in  writing  of  all  claims  to  damages  that  may  arise 
from  opening  the  same,  and  if  they  fail  to  procure  such  releases, 
they  shall  assess  the  damages,  if  any,  to  be  done  thereby,  taking 
into  consideration  the  advantages  derived  from  the  road  passing 
through  said  lands,  and  return  the  same  together  with  the 
releases  obtained,  to  the  Court. 

By  the  Court. 
George  Fisher, 

Clerk. 

Releases. 

We,  the  subscribers,  owners  of  lands  through  which  the  road 
above  referred  to  will  pass,  hereby  release  all  claims  to  damages 
that  may  arise  from  opening  the  same : 

(a)  In  some  counties  it  is  required  by  rule  of  Court  that  the  County  Com- 
missioners should  have  notice ; — if  not,  the  clause  relating  to  them  should  be 
omitted. 


088  ROADS. 

Witness  our  hands  and  seals,  the  twentieth  day  of  May,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

Sealed  and  delivered  in  ^  George  Boyd,  [l.  s.] 

presence  of                  I  John  Gregg,     [l.  s.] 

Enoch  Rex,       C  &c.,  &c. 
James  Keim. 


5.  Petition  to  Lay  Out  and  Vacate. 

P.  871,  pi.  1,  kc.     P.  873,  pi.  24.     P.  874,  pi.  30.     13  June  1836,  P.  L.  555,  558, 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  County : 

The  petition  of  the  undersigned,  Respectfully  represents, 
That  they  labor  under  inconvenience,  for  want  of  a  public 
road,  to  begin  in  a  public  road  leading  from  Jones'  Mill  to 
Rogers'  store,  at  a  point  near  John  Gregg's  barn,  in  the  Town- 
ship of  Penn,  and  to  end  in  a  public  road  leading  from  Wills' 
bridge  over  Elk  Creek  to  Rea's  tavern  at  a  point  near  Abel 
Lea's  mill  in  the  Township  of  Elk :  The  petitioners  therefore 
pray  the  Court  to  appoint  six  (or  "three"),  persons  qualified 
according  to  law,  to  view  the  ground  proposed  for  such  road, 
and,  if  they  should  see  occasion  to  lay  out  the  same,  to  in- 
quire of  and  vacate  the  public  road  now  opened  from  John 
Gregg's  barn  aforesaid  to  the  Oak  school-house  on  the  line  of 
the  proposed  road  in  the  Township  of  Elk, (a)  which  last-men- 
tioned road  will,  by  reason  of  the  laying  out  of  the  proposed 
road,  become  useless ;    and  make  report  of  their  proceedings 

to  the  next  Court. 

And  they  will,  &c. 

George  Boyd, 
April  1,  1860.  John  Rex. 

(a)  See  Road  in  Boss  Township,  12  Casey  87. 


KOADS.  689 


6.   Order  to  Lay  Out  and  Vacate. 

P.  871,  pi.  1,  2,  3.  P.  872,  pi.  9.  P.  873,  pi.  24.  P.  884,  pi.  123.  13  June  1836, 
P.  L.  555,  558.  24  February  1845,  P.  L.  52. 

Chester  county,  ss. 

At  a  Court  of  Quarter  Sessions  of  the  Peace 

[Seal.]      held  and  kept  at  West  Chester,  for  the  County 

of  Chester,  on  the  first  day  of  May,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  sixty,  before  the 

Honorable  Townsend  Haines,  President,  and  his  Associates, 

Judges  of  said  Court, 

The  petition  of  divers  persons  was  presented,  setting  forth 
that  they  labor  under  inconvenience  for  want  of  a  public  road, 
to  begin  in  a  public  road,  &c.  (setting  out  road  described  as  in 
petition),  and  praying  the  Court  to  appoint  three  persons  quali- 
fied according  to  law,  to  view  the  ground  proposed  for  said  road, 
and,  if  they  should  see  occasion  to  lay  out  the  same,  to  inquire 
of  and  vacate  the  public  road  now  opened,  &c.  (as  in  petition), 
which  last-mentioned  road  will,  by  reason  of  the  laying  out  of  the 
proposed  road  become  useless,  and  make  report  of  their  proceed- 
ings according  to  law.  Whereupon,  the  Court  appoint  Enoch 
Rex,  James  Keim  and  Wallace  Jones,  three  persons  qualified 
as  aforesaid,  who,  after  being  sworn  or  affirmed  to  perform  their 
duties  impartiallyand  according  to  the  best  of  their  judgment, 
are  all  to  view  the  ground  proposed  for  said  road  and  if  they, 
or  a  majority  of  them,  agree  that  there  is  occasion  for  a  road, 
they  shall  proceed  to  lay  out  the  same,  having  respect  to  the 
shortest  distance  and  best  ground  for  a  road,  and  in  such  man- 
ner as  shall  do  the  least  injury  to  private  property,  and  also  be 
as  far  as  practicable  agreeable  to  the  desire  of  the  petitioner. 
If  practicable,  the  viewers  shall  lay  out  the  road  at  an  elevation 
not  exceeding  five  degrees,  except  at  the  crossing  of  ravines 
and  streams,  where  by  moderate  filling  and  bridging,  the  decli- 
nation thereof  may  be  preserved  within  that  limit ;  and  before 
said  view,  public  notice  of  the  time  and  place  of  the  meeting 
of  the  viewers  must  be  given  by  advertisements,  put  up  in  three 
of  the  most  public  places  in  the  vicinity,  at  least  ten  days  before 

44 


690  ROADS. 

said  meeting  of  tlie  viewers :  and  written  or  printed  notice  of 
the  time  and  place  of  the  meeting  of  the  viewers,  must  be  given 
to  at  least  one  of  the  supervisors  of  each  of  the  townships 
through  which  the  proposed  road  may  pass,  at  least  five  days 
[and  to  one  of  the  County  Commissioners,  at  least  ten  days, (a)] 
before  said  meeting.  Th-e  viewers  shall  make  report  at  the 
next  term  of  Court,  stating  particularly  who  of  them  were  pre- 
sent at  the  view ;  whether  they  were  severally  sworn  or  affirmed, 
and  whether  the  desired  road  be  necessary  for  a  public  or  pri- 
vate road :  and  shall  annex  and  return  to  the  Court,  a  plot  or 
di-aft  of  the  said  proposed  road,  stating  the  courses  and  dis- 
tances, and  noting  briefly  the  improvements  through  which  it 
may  pass ;  and  also  a  description  and  draft  of  the  road 
vacated. (6)  If  the  viewers  shall  decide  in  favor  of  locating  a 
public  road,  they  shall  also  endeavor  to  procure  from  the  owners 
of  lands  over  which  it  shall  pass,  releases  in  writing  of  all 
claims  of  damages  that  may  arise  from  opening  the  same,  and 
if  they  fail  to  procure  such  releases,  they  shall  assess  the  dam- 
ages, if  any,  to  be  done  thereby,  taking  into  consideration  the 
advantages  derived  from  the  road  passing  through  said  lands, 
and  return  the  same,  together  with  the  releases  obtained,  to  the 
Court. 

By  the  Court. 

George  Fisher, 

Clerk. 
Releanes. 

We,  the  subscribers,  owners  of  land  through  which  the  road 
above  referred  to  will  pass,  hereby  release  all  claims  to  damages 
that  may  arise  from  opening  the  same. 

Witness  our  hands  and  seals,  the  twentieth  day  of  May,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 
Sealed  and  delivered  in  the  -^  George  Boyd,  [l.  s.] 

presence  of  (  John  Gregg,    [l.  s.] 

Enoch  Rex,  | 

James  Keim.         ^ 

(a)  The  part  in  brackets  is  not  required  by  Act  of  Assembly,  but  by  the 
rules  of  some  Courts  ;  where  not  so  required  it  should  be  omitted. 
(6)   See  Road  in  Ross  Township,  12  Casey  88. 


ROADS.  691 

7.  Report  of  Viewers. 

p.  871,  pi.  3.     13  June  1836,  P.  L.  555. 

To  the  Honorable,  the  Judges  within  named :  We,  the  under- 
signed, appointed  by  the  annexed  order  do  report :  That  in 
pursuance  thereof,  after  having  been  severally  duly  sworn  and 
affirmed,  all  the  viewers  appointed  by  said  order  viewed  the 
ground  proposed  for  the  within-mentioned  road,  and  the  under- 
signed, a  majority  of  said  viewers,  do  agree  that  there  is  occa- 
sion for  a  road  as  desired  by  the  petitioners,  and  that  the  same 
is  necessary  for  a  public  road  :  And  having  had  respect  to  the 
shortest  distance  and  the  best  ground  for  such  road,  we  have 
laid  out  in  such  manner  as  shall  do  the  least  injury  to  private 
property,  and  as  far  as  practicable,  agreeably  to  the  desire  of 
the  petitioners,  and  do  return  for  public  use,  the  following 
described  road,  to  wit :  Beginning,  &c.  (give  description  of  the 
road),  said  road  being  at  an  elevation  not  exceeding  five  degrees 
except  (state  the  part  of  road  where  elevation  exceeds)  where  it 
was  not  practicable  to  preserve  it  within  that  limit.  The  un- 
dersigned further  report,  that  they  endeavored  to  procure  from 
all  the  owners  of  the  land  over  which  said  road  passes,  releases 
in  writing  of  all  claims  to  damages  that  may  arise  from  opening 
the  same,  and  that  they  procured  such  releases  from  George 
Boyd  and  John  Gregg,  and  failed  to  procure  releases  from 
Abel  Lea  and  Charles  Bobb,  and  therefore  having  taken  into 
consideration  the  advantages  to  be  derived  to  the  said  Abel 
Lea  and  Charles  Robb,  from  the  road  passing  through  their 
lands,  we  have  assessed  the  damages  sustained  by  the  said  Abel 
Lea  at  one  hundred  dollars,  and  the  damages  sustained  by  the 
said  Charles  Robb  at  two  hundred  dollars :  And  we  further 
report,  that  we  have  inquired  and  do  vacate  the  following 
described  public  road,  viz.  (describing  it),  which,  by  reason  of 
the  laying  out  of  the  first  mentioned  road,  has  become  useless. 
We  further  report,  that  before  the  said  view,  public  notice  of 
the  time  and  place  of  the  meeting  of  the  viewers  was  given  by 
advertisements  put  up  at  Jones'  mill,  at  Ray's  tavern  and 
Rugin's  store,  three  of  the  most  public  places  in  the  vicinity ; 
— ten  days  before  said  meeting — printed  notice  of  said  meeting 


692  ROADS. 

was  given  to  John  Babb,  supervisor  of  the  Township  of  Elk, 
and  Seth  Jones,  supervisor  of  the  Township  of  Penn,  five  days 
before  said  meeting,  and  to  Caleb  Todd,  one  of  the  County 
Commissioners,  ten  days  before  said  meeting,  and  we  annex  a 
plot  or  draft  of  said  road  laid  out,  stating  the  courses  and  dis- 
tances, and  noticing  briefly  the  improvements  through  which 
the  same  passes,  and  also  a  description  and  draft  of  the  road 
vacated,  and  herewith  return  the  releases  obtained  and  a  copy 
of  said  notices. 

Witness  our  hands  the  twentieth  day  of  May,  a.  d.  1860. 

Enoch  Rex, 
Wallace  Jones. 


8.  Petition  for  Damages. 

P.  872,  pi.  7.     13  June  1836,  P.  L.  556. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  Abel  Lea,  Respectfully  represents. 

That  a  public  road,  beginning,  &c.  (describing  road  so  as  to 
identify  it),  laid  out  on  the  twenty-fifth  day  of  May  laS't  by 
order  of  this  Court,  and  confirmed  on  the  twentieth  day  of  the 
same  month,  was  opened  through  land  of  the  petitioner  in  the 
month  of  January  last,  and  within  one  year ;  that  he  has  sus- 
tained injury  thereby  in  the  occupation  of  his  land  (or  as  the 
case  may  be).  The  petitioner  therefore  prays  the  Court  to 
appoint  a  jury  of  six  disinterested  persons  to  view  the  premises 
and  assess  the  damages,  if  any,  which  the  petitioner  may  have 
sustained. 

And  he  will,  &c. 

Abel  Lea. 

(Afiidavit  of  truth  of  petition  to  be  appended.) 


9.  Report  of  Damages. 

p.  872,  pi.  8,  9.     13  June  1836,  P.  L.  556. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  S( 
sions  of  the  Peace  of  the  County  of  Chester : 


ROADS.  693 

The  undersigned,  appointed  by  the  annexed  order  of  Court, 
for  the  purposes  therein  mentioned,  report.  That  having  been 
severally  duly  sworn  and  affirmed,  we  viewed  the  premises  in 
said  order  mentioned,  and  having  taken  into  consideration  the 
advantages  derived  from  said  road  passing  through  the  land  of 
the  said  Abel  Lea,  do  assess  the  damages  sustained  by  the  said 
Abel  Lea,  at  one  hundred  dollars. 

Witness  our  hands,  the  first  day  of  March,  A.  D.  1860. 

Enoch  Rex, 
George  Boyd,  &c. 


10.  Petition  for  a  Private  Road. 

p.  872,  pi.  13.     13  June  1836,  P.  L.  556. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  Abel  Lea,  Respectfully  represents, 

That  he  labors  under  inconvenience  for  want  of  a  road  from 
his  dwelling  in  Penn  Township,  to  a  point  in  the  highway 
known  as  the  Oil  Mill  Road  near  Jones's  bridge  over  Elk 
Creek ;  he  therefore  prays  the  Court  to  appoint  six  persons, 
qualified  according  to  law,  to  view  the  place  where  said  road  is 
requested,  and  make  report  of  their  proceedings  to  the  said 
Court  at  the  next  term  thereof. 

And  he  will,  &c. 

Abel  Lea. 

April  1,  1860. 


11.  Report  of  Private  lload. 

p.  872,  pi.  1.3,  14.     13  June  1836,  P.  L.  556. 

To  the  Honorable,  the  Judges  within  named: 

We,  the  undersigned,  appointed  by  the  annexed  order  for 

the  purposes  therein  mentioned,  do  report,  That  in -pursuance 

thereof,  Enoch  Rex,  George  Rex,  James  Keim,  Levi  Wick  and 

James   Green,   five   of  the  viewers   in   said  order  mentioned, 


694  ROADS. 

having  been  first  duly  sworn  or  affirmed,  viewed  the  place  where 
the  road  in  said  order  mentioned  is  requested,  and  the  under- 
signed, five  of  said  viewers,  do  agree  that  such  road  is  neces- 
sary, and  having  had  respect  to  the  shortest  distance  and  the 
hest  ground  for  said  road,  have  laid  out,  in  such  manner  as 
shall  do  least  injury  to  private  property,  and  as  far  as  practi- 
cable, agreeably  to  the  prayer  of  petitioner,  and  do  return  for 
the  use  of  Abel  Lea,  the  petitioner,  the  following  described 
road,  to  wit :  Beginning  (describing  it),  and  also  annex  and 
return  herewith  to  the  Court  a  plot  or  draft  thereof,  stating  the 
courses  and  distances,  and  noticing  briefly  the  improvements 
through  which  it  passes.  Witness  our  hands,  the  tenth  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty. 

Enoch  Rex, 
George  Rex, 
James  Keim, 
Levi  Wick, 
James  Green. 


12.    Order  confirming  Private  Road. 

p.  872,  pi.  13,  14.     13  June  1836,  P.  L.  556. 

In  the  Matter  of  the  Pri-  \  In  the  Court  of  Quarter  Ses- 
VATE  Road  of  Abel  Lea.  )  sions  of  Chester  County. 
And  now,  July  1,  1860,  The  viewers  appointed  to  view  the 
place  where  a  road  is  requested  by  Abel  Lea,  from  his  dwell- 
ing in  Penn  Township,  to  the  highway  known  as  the  Oil  Mill 
Road,  at  a  point  near  Jones's  Bridge  over  Elk  Creek,  having 
reported  that  they  had  laid  out  and  returned  for  the  use  of 
the  said  Abel  Lea  the  following  described  road,  viz. :  (describing 
it),  and  it  appearing  by  the  said  report  that  said  road  was 
necessary,  the  Court  approved  of  said  report,  and  the  same  being 
entered  on  record  at  the  next  session  of  this  Court,  thenceforth 
said  road  shall  be  deemed  and  taken  to  be  a  lawful  private 
road ;  and  the  Court  do  further  order,  that  upon  the  full  payment 
by  said  Abel  Lea    of  the   damages  sustained  by  Seth  Jones, 


ROADS.  695 


through  whose  lands  the  same  passes,  the  said  road  shall  be 
opened  twenty  feet  in  width. 


13.  Petition  for  Jury  to  assess  Damages  on  a  Private  Road. 

P.  872,  pi,  18.     13  June  1836,  P.  L.  557. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  Abel  Lea,  Respectfully  represents, 
That  at  the  July  sessions  of  this  Court,  a  road  heretofore  laid 
out  at  the  request  of  the  petitioner  for  his  use,  from  his  dwell- 
ing in  Penn  township,  through  lands  of  Seth  Jones  to  a  point 
in  a  highway  known  as  the  Oil  Mill  Road  near  Jones'  Bridge 
over  Elk  Creek,  was  confirmed  by  this  Court ;  and  thereupon 
the  Court  directed  that  the  proceedings  in  relation  thereto  being 
entered  of  record,  the  same  should  thenceforth  be  deemed  and 
taken  to  be  a  lawful  road :  and  further  ordered,  that  on  full 
payment  by  the  petitioner  of  the  damages  sustained  by  Seth 
Jones,  through  whose  lands  the  same  passes,  the  said  road 
should  be  opened  twenty  feet  in  width.  The  petitioner  being 
desirous  to  pay  said  damages  to  open  said  road,  prays  the  Court 
to  appoint  six  disinterested  persons,  to  assess  the  damages  sus- 
tained by  the  said  Seth  Jones  by  reason  of  the  premises. 

And  he  will,  &c. 

Abel  Lea. 


14.  Petition  for  Swinging  G-ates. 

p.  872,  pi.  15.     13  June  1836,  P.  L.  557. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  Seth  Jones,  Respectfully  represents, 
That  upon  the  petition  of  Abel  Lea  to  this  Court,  setting 
forth  that  he  labored  under  inconvenience  for  want  of  a  road 
from  his  dwelling  in  Penn  Township  to  a  point  in  the  higliway, 
known  as  the  Oil  Mill  Road,  near  Jones'  Bridge  over  Elk  Creek 


696  KOADS. 

this  Court  has  directed  a  view  of  the  place  ■where  such  road  is 
requested : — that  said  road  if  laid  out,  will  be  laid  out  over 
land  of  the  petitioner ; — that  the  petitioner  is  desirous  to  have 
leave  to  hang  and  maintain  at  his  own  expense,  swinging  gates 
across  such  road ;  he  therefore  prays  the  Court  to  direct  the 
viewers  appointed  to  view  said  road,  to  inquire  and  report 
whether  the  same  may  be  done  without  much  inconvenience  to 
the  persons  using  said  road. 

And  he  will,  &c. 
April  20, 1860.  Seth  Joxes. 


15.   Order  on  Report  of  Viewers  for  Swinging  Gates. 

p.  872,  pi.  15.     13  June  1836,  P.  L.  557. 

T  T,r  -n  )  In  the  Court  of  Quarter 

In  the  Matter  of  the  Private         ^     .  «   i     -r^ 

-r,  .  T  r      cessions  oi  the  reace 

Road  for  Abel  Lea.  1        ^  />,,  ^ 

J       or  Chester  County. 

On  the  application  of  Seth  Jones,  for  swinging  gates. 

And  now,  July  31,  1860,  It  appearing  from  the  report  of 
the  viewers  that  a  swinging  gate  can  be  hung  across  the  private 
road  laid  out  for  the  use  of  Abel  Lea,  without  much  inconveni- 
ance  to  the  persons  using  the  same :  the  Court  approve  of  said 
report  and  grant  leave  to  the  said  Seth  Jones  to  hang  and  main- 
tain such  gate,  and  do  order  and  direct  that  said  gate  be  made 
and  kept  in  repair,  and  made  easy  for  passing,  by  the  said 
Seth  Jones. 


16.   Petition  to  use  Private  Road. 

p.  872,  pi.  19.     13  June  1836,  P.  L.  557. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester: 

The  petition  of  George  Boyd,  Respectfully  represents. 
That  a  private  road  laid  out  on  the  petition  and  at  the  ex- 
pense of  Abel  Lea,  from  his  dwelling  in  the  Township  of  Penn 


ROADS.  697 

in  said  County  of  Chester,  to  a  highway,  known  as  the  Oil  Mill 
Road,  at  a  point  near  Jones's  Bridge  over  Elk  Creek,  was 
approved  by  this  Court  at  the  last  July  Sessions  thereof:  that 
the  petitioner  is  desirous  to  make  use  of  said  road  ;  he  therefore 
prays  the  Court  that  he  may  be  admitted  to  participate  in  the 
privilege  of  said  road,  and  be  entitled  to  equal  rights  and  pri- 
vileges, and  be  subject  to  like  duties  and  liabilities  w^ith  the 
said  Abel  Lea,  upon  payment  by  the  petitioner  of  such  sums  as 
the  Court  may  determine  that  he  shall  pay  to  the  said  Abel 
Lea,  and  also  such  further  sum  as  the  Court  may  determine  he 
shall  pay  to  Seth  Jones,  the  owner  of  the  soil  over  which  the 
said  road  is  made. 

And  he  will,  &c. 

George  Boyd. 


17.  Decree  of  Court  on  Application  to  participate  in  Private 

Road. 

p.  872,  pi.  19.     13  June  1836,  P.  L.  557. 

T..  ,„^     T\/r  ™  -n  1  Ii^  the  Court  of  Quarter 

In  the  Matter  of  the  Private         ^     .  ^   , 

-n^,^  ^^„    AT  r      Sessions  of  the  Peace 

Koad  for  Abel  Lea.  {        c  ^^^ 

J       of  Chester  County. 

On  the  application  of  George  Boyd  to  participate  in  said 
road. 

And  now,  September  10,  1860,  Upon  the  petition  of  George 
Boyd,  to  be  admitted  to  participate  in  the  privilege  of  the  pri- 
vate road  laid  out  over  land  of  Seth  Jones,  on  the  application 
and  at  the  expense  of  Abel  Lea ; — and  after  hearing  the  said 
George  Boyd,  Seth  Jones  and  Abel  Lea,  the  Court  determine 
that  the  said  George  Boyd  shall  contribute  to  the  said  Abel 
Lea,  at  whose  expense  said  road  was  laid  out,  the  sum  of  one 
hundred  dollars,  and  shall  pay  to  the  said  Seth  Jones,  the  owner 
of  the  soil,  the  sum  of  one  hundred  dollars,  and  upon  the  pay- 
ment thereof,  that  the  said  George  Boyd  shall  be  entitled  to 
equal  rights  and  privileges,  and  be  subject  to  like  duties  and 
liabilities  with  the  said  Abel  Lea. 


698  ROADS. 

18.  Petition  for  Private  Road  under  Ground. 

P,  872,  pi.  13,  14.     P.  873,  pi.  20.     13  June  1836,  P.  L.  557.     16  April  1838,  P.  L.  642. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  Abel  Lea,  Respectfully  represents, 

That  he  is  owner  of  a  coal  mine,  in  the  Township  of  Penn  in 
said  county,  and  labors  under  inconvenience  for  want  of  a  pri- 
vate road  under  the  surface  of  the  land,  from  said  coal  mine  to 
a  point  in  a  highway  called  the  Oil  Mill  Road,  near  Jones's 
Brido-e  over  Elk  Creek  : 

The  petitioner,  therefore,  prays  the  Court  to  appoint  six  per- 
sons, qualified  according  to  law,  to  view  the  place  where  said 
road  is  requested ;  and  if  they  shall  lay  out  a  road,  to  assess 
the  amount  of  the  damages  sustained  by  the  owner  or  owners 
of  the  lands  through  which  said  road  may  pass,  and  make  report 
of  their  proceedings  to  the  next  term  of  this  Court. 

And  he  will,  &c. 

April  1,  1860.  Abel  Lea. 


19.  Report  for  Private  Road  under  Ground. 

p.  872,  pi.  13,  14.  P.  873,  pi.  20.  13  June  1836,  P.  L.  557.  16  April  1838,  P.  L.  642. 

To  the  Honorable,  the  Judges  within  named : 
We,  the  undersigned,  being  all  the  viewers  appointed  by  the 
annexed  order  for  the  purposes  therein  mentioned,  do  report, 
that  in  pursuance  thereof,  having  been  duly  sworn  and  affirmed, 
we  viewed  the  place  where  the  road  in  said  order  mentioned  is 
requested,  and  do  agree  that  such  road  is  necessary ;  and  hav- 
ing had  respect  to  the  shortest  distance  and  the  best  ground  for 
said  road,  we  have  laid  out  in  such  manner  as  shall  do  the  least 
injury  to  private  property,  and  as  far  as  practicable,  agreeably 
to  the  prayer  of  the  petitioner,  and  do  return,  for  the  use  of 
the  said  Abel  Lea,  the  petitioner,  the  following  described  road 
(describe  it) :  said  road  being  under  the  surface  of  the  land  of 


ROADS.  G99 

said  Seth  Jones ;  and  we  also  annex  and  return  herewith  to  the 
Court,  a  plot  or  draft  thereof,  stating  the  courses  and  distances, 
and  noting  briefly  the  improvements  through  which  it  passes  : 
and  we  do  further  report,  that  having  taken  into  consideration 
the  advantage  derived  to  the  said  Seth  Jones,  from  said  road 
passing  through  his  land,  we  have  assessed  the  amount  of 
damages  sustained  by  the  said  Seth  Jones,  at  the  sum  of  two 
hundred  dollars.  Witness  our  hands,  the  first  day  of  June,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

Enoch  Rex,  &c.,  &c. 


20.   Order  of  Court  Confirming  Road  and  Approving 
Damages. 


In  the  Court  of   Quarter 
>      Sessions  of  the  Peace  of 
the  County  of  Chester. 


P.  884,  pi.  124.     24  February  1845,  P.  L.  52, 

In  THE  Matter  of  the  Road  from 

John    Gregg's   Barn    in    Penn 

Township,    to    George    Boyd's 

Mill  in  Elk  Township. 

And  now,  August  1,  1860,  The  viewers,  appointed  to  view 
the  ground  proposed  for  a  road,  from  a  point  in  a  public  road 
near  John  Gregg's  barn,  in  the  Township  of  Penn,  to  a  point  on 
a  public  road  near  George  Boyd's  mill,  in  the  Township  of  Elk, 
reported,  that  they  had  laid  out  and  returned  for  public  use  the 
following  described  road,  to  wit :  (describe  road),  and  also  re- 
ported, that  they  had  assessed  the  damages  by  reason  of  opening 
the  same,  sustained  by  Seth  Jones,  at  the  sum  of  one  hundred 
dollars,  and  the  like  damages  sustained  by  Abel  Lea,  at  the  sum 
of  one  hundred  dollars ;  and  the  Court  being  satisfied  that  the 
amount  of  damages  assessed  aforesaid,  is  such  that  the  public 
interest  will  be  subserved  by  the  payment  of  said  damages  and 
the  opening  of  said  road,  do  confirm  said  view  and  assessment, 
and  direct  that  the  said  road  shall  be  opened  of  the  breadth  of 
thirty-three  feet,  and  the  whole  of  the  proceedings  in  relation 
to  the  same  being  entered  of  record,  thenceforth  said  road  shall 
be  deemed  and  allowed  to  be  a  public  road  and  highway. 


700  ROADS. 

21.   Order  of  Court  not  Approving  of  Damages. 

p.  884,  pi.  124.     24  February  1845,  P.  L.  52. 

In  the  Matter  of  the  Road  from  ^  t  i      /-i           o  r^ 

T  1     ^         ,    r»        •    .1     rn  N-Q  the  (Jourt  01   Quarter 

John  (ireo-o;  s  iiarnin  the  iown-  ^      •          ,»  i     -r»           /. 

,.       PT,         .    r^            -r.      T     r  sessions  or  the  Feace  01 

ship  01  Jrenn,  to  (jreorge  JJoya  s  ^,            ^ 

TiT-n  •    xi.    m         I  •      p  -nil  Chester  County. 

Mill  in  the  Township  of  Elk.      J  ^ 

And  now,  August  1,  1860,  The  viewers,  appointed  to  view 
the  ground  proposed  for  a  road,  from  a  point  in  a  public  road 
near  John  Gregg's  barn  in  Penn  Township,  to  a  point  in  a  public 
road  near  George  Boyd's  mill  in  Elk  Township,  reported  that 
they  had  laid  out  for  public  use  the  following  described  road,  to 
■wit :  (describe  road),  and  also  reported  that  they  had  assessed 
the  damages  by  reason  of  the  opening  of  the  same,  sustained  by 
Seth  Jones,  at  the  sum  of  one  hundred  dollars,  and  the  like 
damages  sustained  by  Abel  Lea,  at  the  sum  of  one  hundred 
dollars,  and  the  Court  not  being  satisfied  that  the  amount  of 
damages  assessed  as  aforesaid  is  such  that  the  public  interest 
will  be  subserved  by  its  payment  and  the  opening  of  said  road, 
do  order  that  the  report  be  not  confirmed,  unless  the  said 
damages  shall  first  be  paid  by  the  petitioners  for  said  road,  or 
others  interested. 


22.  Petition  to  Vacate. 

P.  873,  pi.  24.     P.  874,  pi.  30,  34.     13  June  1836,  P.  L.  558.     15  April  1845, 
P.  L.  449. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester: 

The  petition  of  the  undersigned.  Respectfully  represents: 
That  a  public  road,  beginning,  &c.  (describing  road),  laid  out 
by  order  of  this  Court,  was  confirmed  by  the  Court  at  the  July 
Sessions  thereof,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty,  that  the  said  road  has  become  useless  and 
inconvenient.  The  petitioners  therefore  pray  the  Court  to  in- 
quire of  and  vacate  said  road,  and  for  that  purpose  to  appoint 
six  (or  "three")  persons  qualified  according  to  law,  to  view  said 


KOADS.  701 

road  and  inquire  of  the  premises  and  make  report  of  their  pro- 
ceedings at  the  next  term  of  this  Court. 

And  they  will,  &c. 
April  1,  1860.  Enoch  Rex,  &c. 


23.  Petition  to  Cliange  Route. 

p.  873,  pi.  24.     P.  874,  pi.  30.     13  June  1836,  P.  L.  568. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned,  KespectfuUy  represents, 

That  a  public  road,  beginning,  &c.  (describe  road),  laid  out 
by  order  of  this  Court,  was  confirmed  at  the  July  Sessions 
thereof,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty ;  and  that  said  road  has  become  inconvenient  in  its 
present  location,  and  would  better  accommodate  the  public 
travel  by  being  changed  so  as  to  begin  and  end  at  the  same 
points  but  (set  out  the  change  desired). 

The  petitioners  therefore  pray  the  Court  to  inquire  of  and 
change  the  said  road,  and  for  that  purpose  to  appoint  six  (or 
"  three")  persons,  qualified  according  to  law,  to  view  the  said 
road  and  the  ground  proposed  for  the  said  change,  and  inquire 
of  the  premises  and  make  report  of  their  proceedings  at  the 
next  term  of  this  Court. 

And  they  will,  &c. 
Enoch  Hex,  &c. 


24.  Petition  to  Vacate  before  O'pening. 

p.  872,  pi.  25.     13  June  1836,  P.  L.  558. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned,  Respectfully  represents. 
That  at  the  last  January  Sessions  of  this  Court,  a  road,  be- 
ginning, &c.  (describing  it),  laid  out  by  order  of  this  Court,  was 
confirined,  and  that  said  road  has  not  yet  been  opened. 


702  ROADS. 

The  petitioners  therefore  representing  to  the  Court  that  they 
are  a  majority  of  the  original  petitioners  for  the  said  road, 
resident  within  the  County  of  Chester  aforesaid,  pray  that  the 
same  may  be  vacated  and  annulled,  and  for  that  purpose  that 
the  Court  will  appoint  six  (or  "three")  persons,  qualified  accord- 
ing to  law,  to  view  the  ground  in  which  said  road  has  been  laid 
out,  and  make  report  of  their  proceedings  at  the  next  term  of 
this  Court. 

And  they  will,  &c. 

April  1,  1860.  E>.-ocH  Rex,  &c. 


25.  Petition  to  Vacate  Road  by  Prescription. 

p.  874,  pi.  33.     21  April  1846,  P.  L.  416. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned.  Respectfully  represents, 
That  a  public  road,  beginning,  &c.  (describing  it),  existing  by 
lapse  of  time,  having  been  used  as  a  public  road  for  more  than 
twenty-one  (or  as  may  be)  years,  has  become  useless  and  incon- 
venient. The  petitioners  therefore  pray  the  Court  to  inquire 
of  and  vacate  said  road,  and  for  that  purpose  to  appoint  six  (or 
"three")  persons  qualified  according  to  law,  to  view  said  road 
and  inquire  of  the  premises,  and  make  report  of  their  proceed- 
ings at  the  next  term  of  this  Court. 

And  they  will,  &c. 

Enoch  Rex,  &c. 


26.  Petition  to  Vacate  a  Public  Road  in  Toivn  Plot. 

p.  875,  pi.  39.     8  May  1854,  P.  L.  645. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned.  Respectfully  represents, 
That  a  public  road  in  the  Borough  of  Penn  in  said  county, 
beginning,  &c.  (describing  it),  has  by  reason  of  the  forming  of 


ROADS.  703 

the  town  plot  of  said  borough  (or  as  tne  case  may  be),  become 
useless  to  the  public  and  those  having  lands  bounding  thereon  : 
that  said  road  was  laid  out  as  a  public  road,  by  a  jury  appointed 
by  this  Court,  whose  report  was  confirmed  at  the  May  Sessions 
thereof,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty  (or  as  the  case  may  be)  :  The  petitioners  therefore 
showing  that  they  are  twelve  freeholders  of  the  vicinity  of  said 
road,  pray  the  Court  after  the  previous  proceedings  required  by 
law,  to  decree  the  vacation  of  said  road. 

And  they  will,  &c. 

April  1,  1860.  Enoch  Rex,  &c.,  &c. 

(Affidavit  of  one  or  more  to  truth  of  petition  to  be  appended.) 


27.  Rule  on  Parties  to  appear  on  Application  to  vacate  Road 
in  Town  Plot. 

p.  875,  pi.  39.     8  May  1854,  P.  L.  645. 

And  now,  May  1,  1860,  Upon  the  petition  of  twelve  free- 
holders of  the  vicinity  praying  the  Court  to  decree  the  vacation 
of  the  following  described  road  in  the  borough  of  Penn  in  said 
county,  to  wit  (describing  it),  a  rule  is  granted  upon  all  the 
parties  desiring  to  be  heard,  to  appear  in  Court  on  the  tenth 
day  of  June  next,  at  ten  o'clock  in  the  forenoon  of  said  day,  to 
show  cause,  if  any  they  have,  why  said  road  shall  not  be  closed 
up  and  vacated ;  and  the  Court  direct  that  this  rule  shall  be 
published  once  a  week,  for  four  successive  weeks,  in  the  "  Star," 
a  newspaper  published  in  said  County  of  Chester. 


28.  Proof  of  Publication. 

(Affix  copy  of  notice.) 
Chester  county,  ss. 

George  Jones  being  duly  sworn,  says  that  he  saw  a  notice  of 
which  the  foregoing  is  a  copy  published  in  the  "  Village  Record," 
a  newspaper  published  in  said  county,  once  a  week  for  four  suc- 
cessive weeks,  the  first  publication  thereof  having  been  on  the 
fifth  day  of  May,  1860. 

Sworn  and  subscribed,  June  6,  ^  George  Jones. 

1860,  before  me,  > 

H.  Fleming,  J.  P.      J 


704  ROADS. 

29.  Appointment  of  Viewers  on  vacating  Road  in  Town  Plot. 

p.  875,  pi.  39.     8  May  1854,  P.  L.  645. 


In  the  Matter  of  the  Public^ 
Road  in  the  Borough  of  Penn, 


In  the  Court  of  Quarter 
J.^,^n±J  ill.  uiii.  j^v^iwuguL  1^1  J.  t-wii,  1  Sessions  of  the  Peace 
from  High  to  North  Street  be-  [  of  Chester  County, 
tween  Gray  and  South  Streets.  J  On  Petition  for  Vacation. 
And  now,  June  10,  1860,  Due  proof  of  the  publication  of  the 
rule  on  the  above  petition  having  been  made,  and  upon  hearing 
all  the  parties  interested,  the  Court  refer  the  ascertainment  of 
the  facts  to  George  Boyd,  &c.,  &c.,  six  persons  qualified  accord- 
ing to  law,  who  are  to  view  the  said  road  and  make  report  of 
their  proceedings  to  the  next  term  of  this  Court. 


30.  Petition  to  vacate  Private  Road  in  Town  Plot. 

p.  875,  pi.  39.     8  May  1854,  P.  L.  645. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned.  Respectfully  represents. 

That  a  private  road  in  the  Borough  of  Penn  in  said  County 
of  Chester,  beginning,  &c.  (describing  it),  was  laid  out  by 
Richard  Jones  over  land  then  owned  by  him  ;  that  George  Jones 
and  James  Rea  are  at  present  the  owners,  and  the  only  persons 
having  an  interest  in  the  soil  over  which  the  said  way  has  been 
laid  out ;  that  the  said  way,  by  reason  of  forming  the  town  plot 
of  said  borough  (or  as  the  case  may  be),  has  become  useless  to 
the  public  and  those  having  lands  bounding  thereon : 

The  petitioners  therefore,  showing  that  they  are  twelve  free- 
holders of  the  vicinity  of  said  road,  pray  the  Court  after  the 
previous  proceedings  required  by  the  Act  of  Assembly  in  such 
case  made  and  provided,  to  decree  the  vacation  of  said  road. 

And  they  will,  &c. 

April  1,  1860.  Enoch  Rex,  &c.,  &c. 

(Affidavit  of  one  or  more  persons  to  truth  of  petition  to  be 
appended.) 


ROADS,  705 

31.  Petition  to  vacate  Road  partly  opened. 

p.  873,  pi.  26.     3  May  1855,  P.  L,  422. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned,  Respectfully  represents. 

That  a  road  beginning,  &c.  (describing  it),  laid  out  by  order 
of  this  Court,  was  confirmed  at  the  July  Sessions  thereof,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
nine  ;  that  the  said  road  has  been  opened  in  part,  to  wit  (de- 
scribe the  part  opened),  and  is  useless  and  inconvenient.  The 
petitioners  therefore  pray  the  Court  to  inquire  of  and  vacate 
the  same,  and  for  that  purpose  to  appoint  six  (or  "  three")  per- 
sons qualified  according  to  law,  to  view  said  road  and  make 
report  of  their  proceedings  at  the  next  term  of  this  Court. 

And  they  will,  &c. 

April  1,  1860.  Enoch  Rex,  &c. 


32.  Petition  to  vacate  Street  in  Unincorporated  Village. 

P.  874,  pi.  34,  35.     15  April  1845,  P.  L.  449. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester: 

The  petition  of  the  undersigned,  citizens  of  the  unincorpo- 
rated Village  of  Penn  in  said  County  of  Chester,  Respectfully 
represents, 

That  that  part  of  Gay  Street,  in  the  said  Village  of  Penn, 
beginning,  &c.  (describing  it),  has  become  useless  and  inconve- 
nient, and  your  petitioners  desire  its  vacation :  They  therefore 
pray  the  Court  to  inquire  of  and  vacate  the  above-described 
part  of  said  street,  and  for  that  purpose  to  appoint  six  (or 
"  three")  persons  qualified  according  to  law,  to  view  the  same 
and  also  to  assess  the  damages  which  may  be  sustained  by  any 
owner  of  property  by  reason  of  such  vacation,  and  make  return 
of  their  proceedings  at  the  next  term  of  this  Court. 

And  they  will,  &c. 

April  1,  1860.  Enoch  Rex,  &c. 

45 


706  ROADS. 


33.  Petition  to  Widen. 

P.  874,  pi.  38.     8  May  1850,  P.  L.  715. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester  : 

The  petition  of  the  undersigned,  Respectfully  represents, 

That  a  road  (describing  it),  laid  out  by  order  of  this  Court, 
was  approved  on  the  tenth  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty,  and  ordered  to  be  opened 
thirty-three  feet  in  breadth,  that  said  road  was  accordingly  so 
opened,  and  has  been  used  at  the  said  breadth  ever  since;  that 
by  reason  of  the  increased  amount  of  travel  (or  as  the  reasons 
may  be,  stating  them),  the  said  road  is  found  to  be  too  narrow 
conveniently  to  accommodate  the  public.  The  petitioners 
therefore  pray  the  Court  to  appoint  six  (or  "three")  persons 
qualified  according  to  law  to  view  said  road,  and  inquire  of  the 
propriety  of  widening  the  same,  and  make  report  of  their  pro- 
ceedings at  the  next  term  of  this  Court. 

And  they  will,  &c. 

April  1,  1860.  Enoch  Rex,  &c. 


34.  Petition  for  a  Bridge. 

P.  877,  pi.  57.     13  June  1836,  P.  L.  560. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned,  inhabitants  of  the  Township 
of  Penn  in  said  county,  Respectfully  represents, 

That  it  is  necessary  that  a  bridge  should  be  erected  over  Elk 
Creek  in  said  township,  at  Jones'  Ford,  where  the  said  creek 
crosses  the  public  road  known  asRea's  Road,  and  that  the  erect- 
ing of  said  bridge  will  require  more  expense  than  it  is  reasonable 
the  said  Township  of  Penn  should  bear.  The  petitioners  there- 
fore pray  the  Court  to  appoint  six  (or  "  three")  persons  quali- 
fied according  to  law,  to  view  the  place  proposed  for  said  bridge, 
and  inquire  whether  such  bridge  is  necessary  and  would  be  too 


ROADS.  707 

expensive  for  the  said  Township  of  Penn  to  hear,  and  make 
report  of  their  proceedings  at  the  next  term  of  this  Court. 

And  they  "will,  &c. 
April  1,  1860.  Enoch  Rex,  &c. 


35.  Petition  for  Inspectors  of  Bridge. 

p.  877,  pi.  61.     13  June  1836,  P.  L.  561. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned  Commissioners  of  said  County 
of  Chester,  Respectfully  represents, 

That  after  proceedings  had  in  this  Court  according  to  law  a 
bridge  over  Elk  creek,  where  it  crosses  Jones's  Ford,  was  entered 
of  record  as  a  County  bridge,  and  the  petitioners.  Commission- 
ers aforesaid,  having  procured  an  estimate  of  the  cost  thereof, 
which  estimate  amounted  to  eleven  hundred  dollars,  entered 
into  a  contract  with  Seth  Jones  for  the  erection  of  said  bridge 
for  the  sum  of  one  thousand  dollars,  and  that  said  bridge  is 
now  completed.  The  petitioners  therefore  pray  the  Court  to 
appoint  six  fit  persons  to  inspect  said  bridge,  and  make  report 
to  the  said  Court. 

And  they  will,  &c. 

Titus  Gheen, 
George  Boyd, 
Ezra  Cope, 
October  1,  1860.  Commissioners. 


36.  Report  of  Inspectors  of  Bridge. 

p.  877,  pi.  63.     13  June  1836,  P.  L.  661. 

To  the  Honorable,  the  Judges  within  named  :  The  under- 
signed appointed  by  the  annexed  order  for  the  purposes  therein 
mentioned,  report : 

That  having  been  first  duly  sworn  and  aflfirraed,  we  inspected 
the  bridge  therein  mentioned  in  the  presence  of  Titus  Gheen, 
one  of  said  Commissioners,  and  Seth  Jones  the  witliin-named 


708  ROADS. 

contractor,  and  do  not  approve  of  the  same,  and  report  that  in 
our  judgment  the  sum  of  one  hundred  dollars  ought  to  be 
deducted  from  the  sum  stipulated  in  the  contract  ■with  the  said 
Seth  Jones  for  the  erection  of  said  bridge. 

Witness  our  hands  the  tenth  day  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty. 

James  Powell, 
William  Apple, 
&c.,  &c. 


37.  Rule  on  Contractor  after  Report  of  Inspectors  of  Bridge. 

p.  877,  pi.  63.     13  June  1836,  P.  L.  561. 

In  the  Matter  of  the  Bridge  '\  In  the  Court  of  Quarter  Ses- 
OVER  Elk  Creek,  at  Jones's  V     sions  of  Chester  County. 
Ford,  Penn  Township.  J  On  Report  of  Inspectors. 

And  now,  November  15,  1860,  The  persons  appointed  to 
inspect  said  bridge  having  reported  that  they  did  not  approve 
of  the  same,  and  that  one  hundred  dollars  should  be  deducted 
from  the  price  stipulated  in  the  contract,  the  Court  grant  a  rule 
on  the  said  Seth  Jones  to  show  cause  against  said  report  on  the 
tenth  day  of  December  next,  at  the  Court  House  in  the  borough 
of  West  Chester. 


38.  Report  of  Inspectors  of  Bridge  built  by  Comynissioners. 

p.  877,  pi.  65.     13  June  1836,  P.  L.  561. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  said  county : 

The  undersigned,  appointed  by  the  annexed  order  for  the 
purposes  therein  mentioned,  do  report : 

That  having  been  fii-st  duly  sworn  and  affirmed,  we  inspected 
the  bridge  in  said  order  mentioned,  in  the  presence  of  Titus 
Gheen,  Ezra  Cope  and  George  Gregg,  Commissioners  of  said 
county,  and  do  not  approve  of  the  same ;  that  the  said  bridge 
is  deficient  in  the  following  respects,  viz.  (set  out  defects) ;  that 


SCHOOLS.  709 

the  same  has  occurred  through  the  default  and  neglect  of  said 
Commissioners,  and  that  in  our  judgment  the  value  of  said  bridge 
is  eight  hundred  dollars. 

Witness  our  hands  the  tenth  day  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty. 

James  Povtell, 
William  Apple, 
&c.,  &c. 


39.  Petition  for  Review. 

p.  877,  pi.  80.     13  June  1836,  P.  L.  559. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester : 

The  petition  of  the  undersigned.  Respectfully  represents : 

That  viewers  appointed  by  this  Court,  reported  to  the  last 
term  thereof,  that  they  had  laid  out  and  returned  for  public 
use  the  following  road,  viz. :  beginning,  &c.  (describe  as  in  re- 
port of  viewers),  that  said  road  is  unnecessary  for  public  use, 
(or  as  the  case  may  be). 

The  petitioners  therefore  showing  that  they  are  persons  inte- 
rested, pray  the  Court  to  appoint  six  (or  "three")  persons 
properly  qualified,  to  review  the  ground  proposed  for  said 
road,  and  make  report  of  their  proceedings  at  the  next  term  of 
this  Court. 

And  they  will,  &c. 

Enoch  Rex,  &c. 


SCHOOLS. 
1.   Order  for  Writ  to  collect  Judgment  against  School  District. 

P.  170,  pi,  31.     8  May  1854,  P.  L.  620. 

In   the  Court  of   Common  Pleas   of   Chester 
County. 
^Judgment  entered  May  1,  1860,  in  Judgment 
Docket    H,  p.   100,  in   favor   of  PlaintiflF 
against  the  Defendant  for 


James  Wills 

V. 

School  Dis- 
trict OF 
Penn. 


TIO  SCHOOLS. 

INIay  10,  1860,  On  motion  of  David  Bond,  Esquire,  of  coun- 
sel with  the  plaintiff,  the  Court  direct  a  writ  to  issue,  command- 
ing the  directors  and  treasurer  of  the  School  District  of  Penn 
to  caus-e  the  amount  of  the  above-stated  judgment  with  interest 
and  costs,  to  be  paid  to  the  said  James  Wills  out  of  any  moneys 
unappropriated,  of  said  district,  or  if  there  be  no  such  moneys, 
out  of  the  first  moneys  that  shall  be  received  for  the  use  of  said 
district. 


2.    W7-it  to  collect  Judgment  against  School  District. 

P.  170,  pi.  31.     8  May  1854,  P.  L.  620. 

Chester  county,  ss. 

The  Commonwealth  of  Pennsylvania : 

[Seal.]  To  the  directors  and  treasurer  of  the  School  Dis- 

trict of  Penn : 

Whereas  James  Wills  lately,  to  wit,  on  the  first  day  of  May, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty, 
in  our  Court  of  Common  Pleas  of  Chester  County,  before  our 
Judges  at  West  Chester,  by  the  consideration  of  said  Court,  re- 
covered against  the  School  District  of  Penn,  as  well  a  certain 
debt  of  one  hundred  dollars,  as  also  the  sum  of  five  dollars 
costs :  And  whereas  we  are  informed  by  the  said  James  Wills  that 
he  is  entitled  to  the  benefit  of  said  judgment  and  that  the  same 
is  wholly  unpaid  :  These  are  therefore  to  command  you  the  said 
school  directors  and  treasurer,  to  cause  the  amount  of  said  judg- 
ment with  interest  and  costs,  to  be  paid  to  the  said  James  Wills, 
out  of  any  moneys  unappropriated  of  said  district,  or  if  there 
be  no  such  moneys,  out  of  the  first  moneys  that  shall  be  received 
for  the  use  of  said  district :  And  how  you  shall  have  executed 
this  command,  you  make  known  to  our  Judges  at  West  Chester, 
at  our  said  Court  of  Common  Pleas  there  to  be  held,  on  the  last 
Monday  of  July  next :  Witness  the  Honorable  Townsend  Haines, 
Esquire,  President  of  our  said  Court  at  West  Chester,  the  tenth 
day  of  May,  a.  d.  one  thousand  eight  hundred  and  sixty. 

James  Davis, 

Prothonotary. 


SCHOOLS.  711 

3.  Petition  for  Independent  School  District. 

P.  167,  pi.  9,  12.  8  May  1855,  p.  L.  509.  20  May  1857,  P.  L.  587.  P.  1219,  pi.  4. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  the  County  of  Chester  : 

The  petition  of  the  undersigned,  Respectfully  represents 

That  they  are  taxable  inhabitants  of  the  Township  of  Penn 
in  said  County  of  Chester,  and  desire  the  formation  of  the 
territory  on  which  they  reside,  into  a  separate  and  independent 
school  district,  and  they  set  forth  the  bounds  of  said  district 
as  follows,  viz.  (setting  them  out) :  The  petitioners  therefore 
showing  that  they  are  not  less  than  twenty  of  the  taxable 
inhabitants  of  the  said  Township  of  Penn,  and  that  such  inde- 
pendent school  district  will  protect  and  promote  the  educa- 
tional welfare  in  such  locality,  which,  from  the  natural  obstacles 
(or  as  the  case  may  be,  specifying),  cannot  be  properly  provided 
for  under  the  organization  of  the  school  district  of  the  said 
Township  of  Penn,  pray  the  Court  to  appoint  Commissioners 
to  view  the  premises,  and  report  to  this  Court  at  the  next  term 
thereof,  the  lines  of  the  proposed  new  district,  either  accord- 
ing to  the  bounds  hereinbefore  set  forth  or  according  to  such 
other  bounds  as  said  Commissioners  shall  think  more  advisable, 
together  with  their  opinion  of  the  expediency  of  establishing 
or  not  establishing  the  same. 

And  they  will,  &c. 
James  Wills, 

April  1,  1860.  Enoch  Rex,  &c.,  &c. 

(Affidavit  of  one  or  more  of  petitioners  to  truth  of  petition 
to  be  appended.) 


4.   Order  to  Commissioners  on  Independent  School  District. 

P.  204,  pL.  16,  17,  18.     p.  167,  pi.  9.     15  April  18;?4,  P.  L.  539.     26  April  1864,  P. 
L.  489.     8  May  1855,  P.  L.  509. 

Chester  county,  ss. 

At  a  Court  of  Quarter  Sessions  of  the  Peace, 

[Seal.]     held  at  West  Chester  for  the  County  of  Chester,  on 

the  first  day  of  April,  in  the  year  of  our  Lord  one 


712  SCHOOLS. 

thousand  eight  hundred  and  sixty,  before  the  Honorable  Town- 
send  Haines,  President,  and  his  Associates,  Judges  of  said 
Court,  the  petition  of  sundry  inhabitants  of  the  Township  of 
Penn  in  said  county  was  presented,  setting  forth  that  they  de- 
sired the  formation  of  the  territory  upon  which  they  reside, 
into  a  separate  and  independent  school  district,  by  the  follow- 
ing bounds,  viz.  (setting  them  out,)  and  showing  to  the  Court 
that  the  petitioners  were  not  less  than  twenty  taxable  inhabit- 
ants of  said  Township  of  Penn,  and  that  such  independent 
school  district  will  protect  and  promote  the  educational  wel- 
fare in  said  locality,  which  from  the  natural  obstacles  (or  as  the 
case  may  be,  specifying),  cannot  be  properly  provided  for 
under  the  organization  of  the  said  Township  of  Penn,  and 
praying  the  Court  to  appoint  commissioners  to  view  the  pre- 
mises, and  report  to  this  Court  according  to  the  provisions  of 
the  Act  of  Assembly  in  such  made  and  provided,  whereupon 
the  Court  upon  due  consideration,  appoint  John  Gregg,  Seth 
Jones  and  Abel  Lea,  Commissioners,  who  having  given  notice 
to  the  inhabitants  of  said  Township  of  Penn,  of  the  time  and 
place  of  meeting,  by  twenty  printed  notices  put  up  in  the  most 
public  places  in  said  township,  at  least  ten  days  before  the  time 
of  their  meeting  (or  as  the  order  of  the  Court  may  be),  and 
the  said  Commissioners  having  been  duly  sworn  or  affirmed,  to 
perform  their  duties  with  fidelity,  are  to  view  the  premises 
aforesaid,  and  they  or  any  two  of  them  are  to  report  to  this 
Court  at  the  next  term  thereof,  the  lines  of  the  proposed  new 
district,  according  either  to  the  bounds  set  forth  in  the  peti- 
tion, or  to  such  other  bounds  as  they  may  think  more  advis- 
able, together  with  their  opinion  of  the  expediency  of  estab- 
lishing or  not  establishing  the  same,  and  with  a  plot  or  draft 
of  the  said  Township  of  Penn,  and  of  the  lines  of  the  said 
new  district. 

By  the  Court. 

George  Fisher, 

Clerk. 


SCHOOLS.  713 


5.  Report  of  Commissioners  on  Independent  School  District. 

P.  204,  pi.  16,  17,  18.     p.  167,  pi.  9.     15  April  1834,   P.  L.  539.     26  April  1854,  P. 
489.     8  May  1855,  P.  L.  509. 

To  the  Honorable,  the  Judges  within  named : 
The  undersigned,  appointed  by  the  annexed  order,  Commis- 
sioners for  the  purposes  therein  named,  Respectfully  report. 

That  having  given  notice  to  the  inhabitants  of  the  Township 
of  Penn,  of  the  time  and  place  of  their  meeting,  as  in  said 
order  is  directed,  they  met  at  the  house  of  Robert  Bell,  in  said 
township,  on  the  tenth  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty,  and  having  been  duly 
sworn  and  affirmed  to  perform  with  fidelity  the  duties  assigned 
them  in  said  order,  they  viewed  the  premises,  and  report  to  the 
Court  the  lines  of  the  proposed  new  district  as  follows,  viz. 
(setting  them  out),  being  other  bounds  than  those  which  are 
set  forth  in  the  petition  of  the  applicants,  which  the  Commis- 
sioners think  more  advisable ;  according  to  which  bounds,  in 
the  opinion  of  the  Commissioners,  it  is  expedient  to  establish 
such  independent  school  district ;  and  the  Commissioners  re- 
turn herewith  a  plot  or  draft  of  the  said  Township  of  Penn, 
and  of  the  lines  of  the  proposed  new  district. 
All  which  is  respectfully  submitted. 

John  Gregg, 
Seth  Jones, 
May  12,  1860.  Abel  Lea. 


6.   Order  of  Confirmation  of  Report  of  Commissioners. 

p.  167,  pi.  10,  12.         8  May  1855,  P.  L.  509.     20  May  1857,  P.  L.  587. 

In  the  Matter  of  the  ) 

Independent  School  I  ^"  *^^  ^^"'*  "^^  Q"'^^*'^^  Sessions  of 

District  of  Penn.      J      ^^'^  ^^^^^  ^^  ^^^'^^'  County. 

And  now,  June  10,  1860,  On  the  hearing  of  the  report  of 

the  Commissioners  in  this  case,  by  the  unanimous  consent  of  the 

Court,  the  same  is  confirmed,  in  order  that  the  said  district  may 


.714  SCHOOLS. 

become  to  all  intents  and  purposes  of  the  Common  School  Sys- 
tem of  this  state,  a  separate  and  independent  school  district, 
subject  however,  to  the  provisions  of  the  third  and  fourth  sec- 
tions of  an  act  entitled  "  An  Act  for  the  regulation  and  con- 
tinuance of  a  system  of  education  by  Common  Schools,"  passed 
the  eighth  day  of  May,  a.  d.  1854 ;  and  on  further  hearing, 
the  Court  determined  that  an  undue  proportion  of  the  real 
estate  and  school-houses  belonging  to  the  old  district  are  within 
the  bounds  of  the  new  district  (or  vice  versa,  as  the  case  may 
be),  and  that  the  sum  of  five  hundred  dollars  (or  as  the  case 
may  be),  shall  be  paid  therefor  by  the  said  new  district  to  the 
said  old  district,  in  the  following  proportions  and  at  the  follow- 
ing times,  viz. :  Two  hundred  dollars  on  the  first  day  of  April 
next,  and  three  hundred  dollars  on  the  first  day  of  April,  a.  d. 
1862 ;  and  said  order  for  the  payment  of  the  said  several  sums 
of  money  shall,  from  this  day,  be  in  the  nature  of  a  judgment, 
and  the  amount  shall  be  recoverable  according  to  the  provisions 
of  the  twentv-first  section  of  the  above-mentioned  Act. 


7.    Petition  to    open   Decree  and  annul  Independent    ScJiool 

District. 

p.  167,  pi.  12.     20  May  1857,  P.  L.  587. 

In  the  Matter  of  the  ~) 

Independent    School  I  ^^  ^^^  ^°"^*  ^^  ^^^^^^^  Sessions  of 
District  of  Penn.      J      ^^^  ^^^^^  ^^  ^^^^^^'  ^^^'"'y- 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  Chester  County : 

The  petition  of  the  undersigned,  citizens  of  the  Township  of 
Penn  in  said  county.  Respectfully  represents :  That  Commis- 
sioners appointed  by  this  Court,  on  the  tenth  day  of  June  last, 
reported,  that  it  was  expedient  to  establish  an  independent 
school  district  out  of  the  said  Township  of  Penn,  according  to 
the  bounds  set  out  in  said  report ;  that  the  Court  did  on  said 
day  confirm  said  report,  in  order  that  said  district  should  be- 
come a  separate  and  independent  school  district,  according  to 
law.     The  petitioners  further  represent,  tliat  in  their  opinion 


SCHOOLS.  715 

tlie  said  district  has  been  created  in  violation  of  the  principles 
declared  in  an  act  entitled  "  An  Act  declaratory  of  the  powers 
of  the  Courts  of  Quarter  Sessions  to  create  Independent  School 
Districts,"  passed  the  twentieth  day  of  May,  a.  d.  1857.  The 
petitioners  therefore  showing  to  the  Court  that  they  are  not 
less  than  twenty  citizens  of  said  Township  of  Penn,  and  that 
the  said  township  is  affected  by  the  creation  of  said  independent 
school  district,  pray  the  Court  to  open  the  decree  by  which  said 
independent  district  was  created,  and  after  re-examination  on 
the  merits,  to  annul  said  independent  district. 

And  they  will,  &c. 

James  Wills, 
John  Gregg, 

September  10,  1860.  "  &c.,  &c. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


8.   Order  of  Court  on  Application  to  annul  Independent 
District. 


\  In  the  Court  of  Quarter  Sessions  of 


p.  167,  pL  12.     20  May  1857,  P.  L   587. 

In  the  Matter  of  the  v      ,i     -r.  c  n\.    ^     n      ^ 

^  >      the  reace  ot  Chester  County. 

Independent  School     tt  ^■    ^-      ^  ^      •  ^  t\- 

_.  I  Upon  application  to  annul  said  Dis- 

DiSTRicT  OF  Penn.     ■"     \  •  , 

trict. 

And  now,  September  10,' 1860,  On  the  petition  of  James 
Wills  and  others,  being  not  less  than  twenty  citizens  of  the 
Township  of  Penn  in  said  county,  the  Court  grant  a  rule  on  all 
parties  interested,  returnable  on  the  tenth  day  of  November 
next,  to  show  cause  why  the  decree  of  this  Court  of  June  10, 
1859,  creating  an  independent  school  district  out  of  the  Town- 
ship of  Penn,  should  not  be  opened  and  the  said  independent 
district  annulled,  in  accordance  with  the  provisions  of  the  Act 
of  the  twentieth  day  of  May,  A.  D.  1857,  in  such  case  made  and 
provided ;  And  the  Court  further  direct,  that  ten  days'  notice 
of  the  hearing  of  said  rule  be  given  to  the  school  directors  of 
the  said  independent  district  personally,  and  to  all  others  inte- 


-716  SCHOOLS. 

rested,  by  at  least  five  written  or  printed  notices,  put  up  in  as 
many  of  the  most  public  places  in  said  independent  district  (or 
as  the  order  of  the  Court  may  be). 


9.  Decree  annulling  Independent  School  District. 

p.  1G7,  pi.  12.     20  May  1857,  P.  L.  587. 

.r             ,,                         -X  In  the  Court  of  Quarter  Sessions  of 

In  the  Matter  of  the  |  ,,     t^          c  r^^     .     r^      . 

I  the  reace  oi  Chester  County. 

Independent  School  >  ^  t    .•  .            ^      •  i    -r^- 

T-^                      _              I  Un  application  to  annul  said   Dis- 

District  of  Penn.      I  . 

■^  tnct. 

And  now,  November  10,  1860,  Due  proof  having  been  made 
that  notice  of  the  hearing  of  the  rule  in  this  case  has  been  given 
to  all  the  parties  interested,  according  to  the  order  of  the  Court, 
and  it  appearing  to  the  Court  that  the  independent  School  Dis- 
trict of  Penn  has  been  created  in  violation  of  the  principles  of 
the  Act  of  the  twentieth  day  of  May,  A.  D.  1857,  the  decree  by 
which  said  district  was  created  is  opened,  and  upon  a  re-exami- 
nation upon  the  merits,  and  the  evidence  appearing  to  require 
it,  the  Court  annul  said  independent  School  District  of  Penn. 


10.  Decree  confirming  an  Independent  District. 

p.  167,  pi.  12.     20  May  1S57,  P.  L.  587. 

^  In  the  Court  of  Quarter  Sessions  of 

In  the  Matter  of  the  )  m     -n          e  n\     ^     n      ^ 

\  the  Peace  ot  Chester  County. 

Independent  School  V  T^  ,.     ^.       ,            ^      ■ -i  t\- 

(  upon  application  to  annul  said  Dis- 

DiSTRiCT  of  Penn.     I  ^  .  ^ 

^  tnct. 

And  now,  November  10,  18(30,  Due  proof  having  been  made 
that  notice  of  the  hearing  of  the  rule  in  this  case  has  been  given 
to  all  the  parties  interested,  according  to  the  order  of  the  Court, 
and  upon  re-examination  of  the  case  on  the  merits,  the  Court 
being  of  opinion  that  the  said  independent  district  has  not  been 
created  in  violation  of  the  Act  of  the  twentieth  day  of  May, 
A.  D.  1857,  do  confirm  said  independent  district,  the  evidence 
appearing  to  require  it. 


SCHOOLS.  717 

11.  Petition  to  abolish  an  Independent  District. 

p.  167,  pi.  13.     20  May  1857,  P.  L.  588. 

In  the  Matter  of  the  ^  t    ^x.    n      ^    e  n  -m      /  s 

T  _,  (  in  the  Court  ot  Common  Pleas  (a) 

Independent  School  V       r.  ^,     ,     r. 
T.  _^  I       01  Chester  County. 

District  of  Penn.       J  '' 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  the  undersigned,  taxable  citizens  of  The 
School  District  of  Penn  in  said  county,  Respectfully  repre- 
sents, 

That  commissioners  appointed  by  the  Court  of  Quarter  Ses- 
sions of  the  Peace  of  said  county,  on  the  tenth  day  of  June 
last,  reported  to  said  Court,  that  it  was  expedient  to  establish 
an  independent  school  district  out  of  said  School  District  of 
Penn,  according  to  the  bounds  set  out  in  said  report,  and  that 
the  Court  did  on  said  day  confirm  said  report,  and  thereby  erect 
the  said  independent  school  district  out  of  the  School  District  of 
Penn.  The  petitioners  further  represent,  that  they  desire  the 
abolition  of  said  independent  district,  and  therefore,  showing  to 
the  Court  that  they  are  one-third  of  the  taxable  citizens  of  the 
said  school  district  composed  of  the  Township  of  Penn,  pray 
the  Court  to  hear  and  determine  this  application  on  its  merits, 
and  if  deemed  expedient,  to  discontinue  the  said  district. 

And  they  will,  &c. 

James  Wills, 

August  1,  1860.  John  Gregg, 

&c.,  &c. 

(Aflfidavit  of  truth  of  petition  to  be  appended.) 

(a)  The  Acts  of  May  8,  185.5,  and  the  first  Act  of  May  20,  1857,  give  the 
control  of  Independent  Scliool  Districts  to  tlie  Courts  of  Quarter  Sessions. 
The  second  Act  of  May  20,  1857,  under  which  this  form  is  prepared,  probably 
by  an  inadvertence,  confers  the  power  of  abolishing  ou  the  Courts  of  Common 
Pleas. 


718  SCHOOLS. 

12.   Order  on  Application  to  abolish  an  Independent  District. 

p.  167,  pi.  13.     20  May  1857,  P.  L.  588. 

,  ,,  ^  In  the  Court  of  Common  Pleas  of 

In  the  Matter  of  the  |      ^,  ^ 

T  c^  I       Chester  County. 

Independent  School  V^^  ,.      •  ■,-,■■,       ., 

T^  -n  1   Upon    appncation  to   abohsh   said 

■1     Distp.ict  of  Penn.        I     ^^.     /  ^ 
'  ^      District. 

And  now,  August  1,  1860,  On  the  application  of  James 
Wills  and  others,  one-third  of  the  taxable  inhabitants  of  the 
School  District  of  Penn, — out  of  which  the  independent  dis- 
trict of  Penn  has  been  erected, — a  rule  is  granted  on  all  parties 
interested,  returnable  on  the  tenth  day  of  September  next,  to 
show  cause  why  the  said  independent  district  should  not  be 
abolished ;  and  the  Court  further  direct,  that  ten  days'  notice 
of  the  hearing  of  said  rule  be  given  to  the  school  directors  of 
said  independent  district,  personally,  and  to  all  others  interested, 
by  at  least  five  written  or  printed  notices  put  up  in  as  many  of 
the  most  public  places  in  said  independent  district  (or  as  the 
order  of  the  Court  may  be). 


13.  Decree  discontinuing  an  Independent  District. 

p.  167,  pi.  1.3.     20  May  1857,  P.  L.  588. 

,    In  the  Court  of  Common  Pleas  of 
In  the  Matter  of  the  j       _,  ^ 

(       Chester  County. 
Independent  School  V_-.  t      ■       .       i   vv       -j 

^  _,  1   Upon    appncation    to   abolisn    said 

District  of  Penn.       )     v.-  .  ■  1 
-^       District. 

And  now,  September  10,  1860,  Due  proof  having  been  made 
that  notice  of  the  hearing  of  the  rule  in  this  case  has  been  given 
to  all  the  parties  interested,  according  to  the  order  of  the  Court, 
and  the  Court  having  proceeded  to  hear  and  determine  the  ap- 
plication upon  its  merits,  upon  full  consideration  thereof,  deem 
it  expedient,  and  do  order  that  the  said  Independent  School 
District  of  Penn  be  discontinued. 


SCHOOLS,  719 

14.  Decree  continuing  an  Independent  District. 

P.  167,  pi.  13.     20  May  1857,  P.  L.  588. 

-  -_  N  In  the  Court  of  Common  Pleas  of 

In  THE  Matter  of  the  |     Chester  County. 

Independent  School  ^TTv^  r    .•       *       -l  v  \       -j 

Tx  -r.  I   «Jpon    application    to    abolish   said 

District  of  Penn.      J      jy.^^^.^^^ 

And  now,  September  10,  1860,  Due  proof  having  been  made 
that  notice  of  the  hearing  of  the  rule  in  this  case  has  been 
given  to  all  persons  interested,  according  to  the  order  of  the 
Court; — and  the  Court  having  proceeded  to  hear  and  deter- 
mine the  application  upon  its  merits,  upon  full  consideration 
thereof,  do  continue  the  said  Independent  District  of  Penn,  for 
the  period  of  five  years  from  the  first  day  of  April  next  (or  as 
the  case  may  be.) 


15.  Petition  to  assess  Damages  for  a  Scliool-House  Lot. 

p.  1452,  pi.  1.     9  April  1867,  P.  L.  51. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  the  School  District  of  the  Township  of  Penn 
(or  of  the  owners  of  the  land),  Respectfully  represents. 

That  the  board  of  directors  of  said  district  have  been  unable 
to  procure  an  eligible  site  for  the  erection  of  a  school-house  as 
they  have  deemed  expedient  by  agreement  with  owners  of  the 
land,  and  have  on  behalf  of  said  district  entered  upon  and 
occupied  a  certain  piece  of  land,  the  property  of  James  Taylor, 
in  said  Township  of  Penn,  which  they  have  designated  and 
marked  off  as  follows  (describe  the  land),  and  which  contains 
one  hundred  and  fifty  square  perches,  more  or  less,  for  the  pur- 
pose of  erecting  thereon  a  school-house,  with  its  necessary 
and  convenient  appertenances :  The  petitioners  therefore  pray 
the  Court  to  appoint  a  jury  of  viewers,  consisting  of  three  dis- 
creet and  disinterested  citizens  of  said  county,  who  shall  not 
be  owners  of  property  or  residents  in  said  school  district,  and 
who  having  been  duly  sworn  or  affirmed,  faithfully,  justly  and 
impartially  to  decide  and  a  true  report  to  make  concerning  all 


720  SCHOOLS. 

matters  and  things  submitted  to  them,  and  having  viewed  the 
premises,  shall  establish  and  determine  the  quantity  and  value 
of  the  land  so  taken  to  be  used  for  the  purposes  aforesaid,  and 
after  having  made  a  fair  and  just  computation  of  the  advan- 
tages and  disadvantages,  shall  estimate  and  determine  whether 
any,  and  if  any,  what  amount  of  damage  has  been  or  may  be 
sustained  and  to  whom  payable,  and  make  report  thereof  to 
this  Court. 

And  they  will,  &c. 

James  Gregg, 
President  of  said  School  District. 
George  Boyd, 
January  30,  1860.  Secretary. 

(Affidavit  of  the  truth  of  petition  to  be  appended.) 


16.   Order  to  Viewers. 

Chester  county,  ss. 

At  a  Court  of  Common  Pleas,  held  and  kept  at  West  Chester 
for  the  County  of  Chester,  on  the  thirtieth  day  of  January, 
A.  D.  one  thousand  eight  hundred  and  sixty,  before  the  Honor- 
able Townsend  Haines,  President,  and  his  Associates,  Justices 
present : 

The  petition  of  the  School  District  of  the  Township  of  Penn 
was  presented,  setting  forth  that  the  board  of  directors,  on 
behalf  of  said  district,  had  entered  upon  and  occupied  a  certain 
piece  of  land,  the  property  of  James  Taylor,  in  said  township, 
which  they  had  designated  and  marked  off  as  follows  (describe 
as  in  the  petition),  and  which  contained  one  hundred  and  fifty 
square  perches  more  or  less,  for  the  purpose  of  erecting  thereon 
a  school-house  with  its  necessary  and  convenient  appertenances, 
and  praying  the  Court  to  appoint  a  jury  of  viewers  to  view  the 
premises,  &c.,  and  report,  amongst  other  things,  what  damages, 
if  any,  have  been  sustained,  and  to  whom  payable. 

Whereupon  the  Court  do  appoint  Seth  Lea,  Robert  Boyd 
and  Abel  Jones,  three  discreet  and  disinterested  citizens  of  said 


SCHOOLS.  721 

county,  not  owners  of  property  or  residents  in  said  scliool  dis- 
trict, who  are  to  meet  upon  said  land  on  the  tAventy-fifth  day 
of  February  next,  at  ten  o'clock  in  the  forenoon  of  said  day  ; 
and  said  viewers,  or  any  two  of  them,  having  been  first  duly 
sworn  or  affirmed,  faithfully,  justly  and  impartially  to  decide 
and  a  true  report  make  concerning  all  matters  and  things  to  be 
submitted  to  them,  and  having  viewed  the  premises,  shall  estab- 
lish and  determine  the  quantity  and  value  of  the  land  so  taken 
to  be  used  for  the  purpose  of  erecting  thereon  a  school-house 
with  its  necessary  and  convenient  appertenances  for  said  school 
district,  and  after  having  made  a  fair  and  just  computation  of 
the  advantages,  shall  estimate  and  determine  whether  any  and, 
if  any,  what  amount  of  damages  has  been  or  may  be  sustained 
and  to  whom  payable,  and  make  report  thereof  to  this  Court. 
Witness  the  Honorable  Townsend  Haines,  President  Judge  of 
said  Court,  the  day  and  year  first  above  written. 

James  Davis, 
[l.  S.]  Prothonotary. 


17.  Report  of  Vietvers. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  undersigned  viewers,  appointed  by  the  order  for  the 
purposes  therein  specifically  set  forth.  Respectfully  report. 

That  in  pursuance  of  said  order  they  met  on  the  piece  of 
land  therein  mentioned  on  the  twenty-fifth  day  of  February, 
A.  D.  one  thousand  eight  hundred  and  sixty,  and  having  been  first 
duly  sworn,  as  by  the  said  order  they  are  directed,  in  the  presence 
of  the  petitioners  and  the  said  James  Taylor  (or  as  the  case  may 
be),  they  viewed  the  premises,  viz.  (describe  the  lot),  a  plot  where- 
of is  hereto  annexed  and  made  part  of  their  report,  and  do  estab- 
lish and  determine  the  quantity  of  said  land  to  be  one  hundred  and 
fifty  square  perches,  and  that  the  value  of  the  same  is  one  hun- 
dred dollars,  and  after  having  made  a  fair  and  just  computation 
of  the  advantages  and  disadvantages,  they  estimate  and  determine 
46 


722  TOWNSHIP. 

be  sustained,  at  one  hundred  and  fifty  dollars,  and  that  the 
same  is  payable  to  the  said  James  Taylor  (or  as  the  case  may 
be). (a)  Witness  the  hands  of  the  said  viewers  the  first  day  of 
March  iu  the  year  aforesaid. 

Seth  Lea, 
Robert  Boyd, 
Abel  Jones. 


TOWNSHIP. 


1.  Petition  to  divide  Township. 

p.  204,  pi.  16,  17.     15  April  1834,  P.  L.  539. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  and  for  the  County  of  Chester : 

The  petition  of  the  undersigned,  inhabitants  of  the  Township 
of  Penn,  in  said  county,  Respectfully  represents. 

That  the  said  Township  of  Penn,  by  reason  of  its  size,  &c. 
(set  out  the  inconveniences),  is  inconvenient  to  the  inhabitants 
thereof,  and  that  the  convenience  and  advantage  of  said  inhabit- 
ants  would  be  greatly  promoted  by  dividing  said  township,  by 
a  line  commencing  in  the  middle  of  Elk  Creek,  where  the  line 
between  the  Township  of  Oxford  and  said  Township  of  Penn 
crosses  said  creek,  thence  down  the  several  courses  of  the  same 
to  the  line  between  the  Township  of  Franklin  and  said  Town- 
ship of  Penn.  The  petitioners,  therefore,  pray  the  Court  to 
divide  the  said  township  by  the  aforesaid  line,  and  in  accordance 
with  the  Act  of  Assembly  in  such  case  made  and  provided. 

And  they  will,  &c. 
John  Smith, 
James  Jones,  &c.,  &c. 

(Affidavit  of  truth  of  petition  to  be  appended.) 

(a)  See  Harrisburg  v.  Crangle,  3  W.  &  S.  460 ;  Dyer  v.  Wightman,  16  P. 
F.  Smith  425. 


TOWNSHIP.  723 

2.  Petition  for  New  Toivnship. 

p.  204,  pi.  16,  17.     15  April  1834,  P.  L.  539. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  County  of  Chester  : 

The  petition  of  the  undersigned,  residents  of  the  Townships 
of  East  Cain  and  West  Whiteland,  in  said  county.  Respectfully 
represents. 

That  by  the  incorporation  of  the  borough  of  Downingtown,  a 
large  portion  of  the  territory  of  said  Township  of  East  Cain  has 
been  taken  out  of  the  central  part  of  the  same,  and  that  the 
eastern  part  of  said  township  has  been  detached  from  the  west- 
ern part,  except  by  a  small  distance  on  the  northern  part 
thereof. 

The  petitioners  further  represent,  that  the  line  between  the 
said  Townships  of  East  Cain  and  West  Whiteland,  passes  through 
the  real  estate  of  James  Wills,  leaving  the  great  bulk  of  said 
real  estate  in  East  Cain  Township,  and  a  comparatively  small 
portion  of  it  in  West  Whiteland  Township. 

The  petitioners  further  represent,  that  the  convenience  and 
interest  of  the  inhabitants  of  said  Township  of  East  Cain,  and 
of  that  part  of  said  Township  of  West  Whiteland  hereafter  men- 
tioned, would  be  greatly  promoted  by  the  erection  of  a  new 
township  out  of  parts  of  said  townships,  by  the  following  lines, 
viz.  :  Beginning  at  a  point,  &c.  (stating  it),  to  a  stump  in  the 
line  between  the  Township  of  East  Cain  and  West  Bradford, 
thence  south-eastwardly  along  the  line  between  the  said  Town- 
ships of  East  Cain  and  West  Bradford,  to  the  line  between  the 
said  Township  of  East  Cain  and  the  Township  of  East  Bradford ; 
thence  eastwardly,  along  the  last-mentioned  line,  to  the  line  be- 
tween the  sai4  Townships  of  East  Cain  and  West  Whiteland ; 
thence  along  the  same  northwardly,  to  the  south-east  corner  of 
land  of  John  Gregg  in  the  said  Township  of  East  Cain  ;  thence 
eastwardly,  along  the  line  of  lands  late  of  Enoch  Rex,  deceased, 
to  a  walnut  tree,  a  corner  of  lands  of  George  Boyd  and  the  said 
James  Wills  in  the  said  Township  of  West  Whiteland ;  thence 
northwardly,  along  the  same  to  the  south  line  of  the  Township 


724  Towxsmp. 

of  UwcLlan,  and  westwai'dlj,  along  said  line,  being  the  line 
between  the  said  Townships  of  East  Cain  and  Uwchlan,  to  the 
place  of  beginning. 

The  petitioners,  therefore,  pray  the  Court  to  erect  a  new 
township  out  of  the  said  Townships  of  East  Cain  and  West 
Whiteland  as  aforesaid,  and  in  accordance  with  the  Act  of  As- 
sembly in  such  case  made  and  provided. 

Seth  Jones, 
James  Wills,  &c.,  &c. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


3.  Petition  to  alter  Line. 

p.  204,  pi.  16,  17.     15  April  1S34,  P.  L.  539. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  the  County  of  Chester : 

The  petition  of  the  undersigned,  inhabitants  of  the  Townships 
of  Penn  and  Elk  in  said  county,  respectfully  represents, 

That  the  line  between  the  Townships  of  Penn  and  Elk  in  said 
county  as  now  established,  is  so  located  (setting  out  the  incon- 
venience), that  the  convenience  of  the  inhabitants  of  said  town- 
ships would  be  greatly  promoted,  by  altering  the  line  between 
said  townships  as  follows,  viz. :  To  begin  at  the  point  where 
the  line  between  said  townships  strikes  the  Township  of  Oxford, 
thence,  &c.  (setting  out  the  proposed  route),  to  a  point  where 
the  line  between  land  of  John  Jones  and  James  Smith  strikes  the 
line  between  the  Township  of  Oxford  and  said  Township  of  Penn. 

The  petitioners,  therefore,  pray  the  Court  to  alter  the  lines 
of  the  said  Townships  of  Penn  and  Elk  as  aforesaid,  so  as  to  suit 
the  convenience  of  the  inhabitants  thereof. 
And  they  will,  &c. 

John  Jones, 

James  Smith,  &c.,  &c. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


TOWNSHIP.  725 

4.  Petition  to  establish  Lines. 

p.  204,  pi.  16,  ir.     15  April  1834,  P.  L.  539, 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  County : 

The  petition  of  the  Undersigned,  inhabitants  of  the  Townships 
of  Penn  and  Elk  in  said  county.  Respectfully  represents, 

That  by  reason  of  the  obliteration  of  the  artificial  monuments, 
and  doubts  existing  as  to  the  true  natural  landmarks  of  the 
line  between  the  Townships  of  Penn  and  Elk  in  said  county, 
great  uncertainty  exists  as  to  the  precise  location  of  said  line, 
and  that  the  inhabitants  of  said  townships  are  much  incon- 
venienced thereby. 

The  petitioners,  therefore,  pray  the  Court  to  cause  the  line 
between  said  townships  to  be  established. 

And  they  will,  &c. 

John  Jones, 

James  Smith,  &c.,  &c. 

(AflBdavit  of  truth  of  petition  to  be  appended.) 


5.   Order  to  Commissioners. 

p.  204,  pi.  16,  17.     15  April  1834,  P.  L.  639. 

Chester  county,  ss. 

At  a  Court  of  Quarter  Sessions  of  the  Peace, 

[Seal,]      held  at  West  Chester  for  said  county,  on  the  ninth 
day   of  May,   A,  d.  1860,  before   the    Honorable 
Townsend  Haines,  President,  and  his   Associates,  Judges  of 
said  Court : 

The  petition  of  sundry  inhabitants  of  the  Townships  of  East 
Cain  and  West  Whiteland  in  said  county,  was  presented,  setting 
forth, 

That  by  the  incorporation  of  the  borough  of  Downingtown, 
a  large  portion  of  the  territory  of  said  Township  of  East  Cain 
has  been  taken  out  of  the  central  part  of  the  same,  and  the 
eastern  part  of  said  township  has  been  detached  from  the 
western  part,  except  by  a  small  distance  on  the  northern  part 


726  TOWNSHIP. 

of  the  said  township  ;  that  the  line  between  the  said  Townships  of 
East  Cain  and.  West  Whiteland,  passes  through  the  real  estate 
of  James  Wills,  leaving  the  great  bulk  of  said  real  estate  in 
East  Cain  Township,  and  a  comparatively  small  portion  of  it  in 
West  Whiteland  Township  ;  and  that  by  reason  of  the  premises, 
it  would  be  greatly  to  their  convenience,  that  a  new  township 
should  be  erected  out  of  the  said  Townships  of  East  Cain  and 
West  Whiteland,  by  the  following  lines,  viz. :  Beginning  at  a 
point  (set  out  as  in  petition) ;  and  praying  the  Court  to  erect 
a  new  township  out  of  the  said  Townships  of  East  Cain  and 
West  Whiteland  as  aforesaid,  and  in  accordance  with  the  Act 
of  Assembly  in  such  case  made  and  provided.  Whereupon,  the 
Court,  upon  due  consideration,  appoint  Seth  Jones,  Abel  Lea 
and  Paul  John  Commissioners,  who  are  to  give  notice  to  the  in- 
habitants of  said  townships,  of  the  time  and  place  of  their  meet- 
ing, by  twenty  written  or  printed  notices  put  up  in  the  most 
public  places  in  said  townships,  at  least  ten  days  (or  as  the 
order  may  be),  before  the  time  of  their  meeting,  and  having 
been  duly  sworn  or  affirmed  to  perform  their  duties  with  fidelity, 
are  to  inquire  into  the  propriety  of  granting  the  prayer  of  the 
petitioners ;  and  the  said  Commissioners,  or  any  two  of  them, 
are  further  directed  to  make  a  plot  or  draft  of  the  said  Town- 
ships of  East  Cain  and  West  Whiteland  and  of  the  division 
lines  proposed  to  be  made  therein,  and  of  the  lines  of  the  town- 
ship proposed  to  be  laid  off,  all  of  which,  the  said  Commissioners, 
or  any  two  of  them,  shall  report  to  our  next  Court  of  Quarter 
Sessions,  together  with  their  opinion  of  the  same,  and  their  opin- 
ion of  the  propriety  of  granting  the  prayer  of  the  petitioners. 

By  the  Court. 

George  Fisher, 

Clerk. 


6.  Report  of  Commissioners. 

p.  204,  pi.  17.     15  April  1834,  P.  L.  539. 

To  the  Clerk  of  the  Court  of  Quarter  Sessions  of  the  County 
of  Chester: 


TOWNSHIP.  727 

The  undersigned,  appointed  bj  the  annexed  order  Commis- 
sioners for  the  purposes  therein  mentioned,  Respectfully  re- 
port : 

That  having  given  notice  to  the  inhabitants  of  the  Township 
of  East  Cain  and  West  Whiteland,  of  the  time  and  place  of 
their  meeting,  as  is  in  said  order  directed,  they  met  at  the 
house  of  Robert  Bull,  in  said  Township  of  East  Cain,  on 
the  fourth  day  of  May  instant,  and  having  been  duly  sworn 
and  affirmed  to  perform  the  duties  assigned  to  them  by  said  or- 
der with  fidelity,  and  having  inquired  into  the  propriety  of 
granting  the  prayer  of  the  petition  in  said  order  mentioned, 
they  made  a  plot  or  draft  of  the  said  Township  of  East  Cain 
and  West  Whiteland,  and  of  the  division  line  proposed  to  be 
made  therein,  and  of  the  township  proposed  to  be  laid  off  (which 
said  plot  or  draft  is  hereto  annexed),  the  lines  of  which  said 
township  are  as  follows,  viz. :  Beginning  at  a  point  in  the  line 
dividing  the  Township  of  East  Cain  from  the  Township  of  Uwch- 
lan,  where  the  East  Branch  of  Brandywine  Creek  crosses  the 
same,  thence,  &c.  (setting  out  courses,  &c.,)  and  ending  at  the 
place  of  beginning ;  They  further  report  that  they  are  of  opinion 
that  the  erection  of  a  new  township,  according  to  the  aforesaid 
lines,  would  be  to  the  convenience  of  the  inhabitants  thereof, 
and  therefore,  that  in  the  opinion  of  the  Commissioners  it  is 
proper  that  the  prayer  of  the  petitioners  should  be  granted,  and 
that  such  new  township  should  be  erected. 

All  which  is  respectfully  submitted, 

John  Gregg, 
Job  Reed, 

May  11,  1855.  Eli  Davis, 

Commissioners. 


7.   Order  for  Vote  on  Division,  ^c. 

p.  204,  pi.  19,  20.     14  April  1857,  P.  L.  93. 

At  a  Court  of  Quarter  Sessions  held  and  kept  at 

[Seal.]     West  Chester  for  the  County  of  Chester,  the  tenth 

day  of  August,  in  the  year  of  our  Lord  one  thou- 


728  TOWNSHIP. 

sand  eight  liundred  and  fifty-five,  before  the  Honorable  Town- 
send  Kaines,  President,  and  his  Associates,  Justices  present : 

The  commissioners  appointed  to  inquire  into  the  propriety  of 
granting  the  prayer  of  the  petition  of  divers  inhabitants  of  the 
Townships  of  East  Cain  and  West  Whiteland,  asking  for  the 
erection  of  a  new  township  out  of  parts  of  said  townships, 
having  on  the  sixth  day  of  August  instant,  made  a  return  favor- 
able to  the  erection  of  such  new  township,  and  reported  that 
in  their  opinion  a  new  township  ought  to  be  erected  according 
to  the  following  lines,  viz. :  beginning  at  a  point  (setting  out 
lines),  and  ending  at  the  place  of  beginning,  and  it  appearing 
that  the  largest  number  of  taxables  to  be  embraced  in  the  pro- 
posed new  township  is  to  be  taken  from  the  said  Township  of 
East  Cain,  the  Court  order  a  vote  of  the  qualified  electors  of 
the  said  Township  of  East  Cain,  and  also  the  qualified  electors 
of  the  said  Township  of  West  Whiteland  residing  within  the 
bounds  of  the  said  new  township,  on  the  question  of  the  erec- 
tion of  the  said  new  township,  and  the  Court  further  order, 
that  the  election  officers  of  the  said  Township  of  East  Cain 
shall  hold  an  election  for  that  purpose  at  the  place  fixed  by 
law  for  holding  township  elections  in  said  Township  of  East 
Cain,  on  the  first  day  of  September  next,  of  the  time  and  place 
of  holding  which  election  the  constable  of  the  said  township 
shall  give  notice  according  to  law. 

By  the  Court. 

M.  Hyars,  Clerk. 


8.  Return  of  Election  Officers  on  Vote, 

p.  205,  pi.  26.     24  April  lSo7,  P.  L.  304. 

To  the  Honorable,  the  Judges  of  the  Court  of  Quarter  Ses- 
sions of  Chester  County : 

The  undersigned,  election  officers  of  the  Township  of  East 
Cain  in  said  county,  having  in  pursuance  of  an  order  of  said 
Court,  tested  the  tenth  day  of  August,  A.  D.  one  thousand 
eight  hundred  and  fifty-five,  held  an  election,  as  is  in  said  order 


TRUSTEES    AND    ASSIGNEES.  723 

directed,  and  having  in  all  respects  proceeded  according  to  law, 
Do  certify  that  the  number  of  votes  for  the  erection  of  the  pro- 
posed new  township  in  said  order  directed  was  one  hundred 
(100),  and  the  number  of  votes  against  the  erection  of  said  new 
township  was  ninety  (90). 

Witness  our  hands  the  first  day  of  September,   a.  d.  one 
thousand  eight  hundred  and  fifty-five. 

■pV  tr  •  1  John  Jones,  Judge. 

hh  Haines,  I  _  -r. 

. ,    T  T  r  (jeorge  Brown, 

Abel  Lea,  tot 

pj    1  J  James  Smith,  Inspectors. 


9.    Order  of  Court  after  Vote. 

P.  205,  pi.  26.     24  April  1857,  P.  L.  304. 

And  now,  September  20,  1859,  The  returns  of  the  officers 
of  the  election  of  the  Township  of  East  Cain,  held  the  first  day 
of  September  instant,  on  the  question  of  the  erection  of  a  new 
township  out  of  parts  of  said  Township  of  East  Cain  and  the 
Township  of  West  Whiteland  having  been  laid  before  the  Court, 
and  it  appearing  to  the  Court  that  a  majority  of  the  votes 
taken  at  said  election  are  for  a  new  township ;  it  is  thereupon 
ordered  and  decreed,  that  the  said  township  be  erected  agree- 
ably to  the  lines  marked  out  and  returned  by  the  commission- 
ers, and  it  is  further  ordered  and  decreed,  that  the  name  of 
said  township  shall  be  Baldwin. 


TRUSTEES    AND    ASSIGNEES. 

1.  Petition  for  Appraisers  of  Proper ti/  Assigned  to  Creditors. 

p.  968,  pi.  2.     14  June  1836,  P.  L.  630. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 


730  TRUSTEES    AND    ASSIGNEES. 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg  and  Sarah  his  wife,  on  the  first  day  of 
April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-nine,  made  a  voluntary  assignment  of  their  estate,  real  and 
personal,  to  the  petitioner  in  trust  for  the  creditors  of  him  the 
said  John  Gregg.  The  petitioner  therefore  prays  the  Court  to 
appoint  two  or  more  disinterested  and  competent  persons  to 
appraise  the  estate  and  efi'ects  so  assigned. 

And  he  will,  &c. 

April  5,  1859.  James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


2.   07'der  appoiiiting  Appraisers. 

p.  61,  pi.  9,  10.     P.  968,  pi.  2.     14  June  1836,  P.  L.  6301 

In  the  Matter  of  the  Estate  , 

OP  John  Gregg,  assigned  to  I  In   the    Court   of    Common 

Henry  Rose  for  the  benefit  [       Pleas  of  Chester  County. 

of  creditors.  ^ 

And  now,  March  5,  1855,  On  the  petition  of  George  Wills, 
a  creditor  of  said  John  Gregg,  the  Court  appoint  Seth  Jones 
and  Abel  Lea  appraisers  of  the  estate  and  effects  so  assigned : 
And  the  said  appraisers,  or  any  two  of  them,  having  first  taken 
an  oath  or  affirmation  to  discharge  their  duties  with  fidelity,  are 
forthwith  to  proceed  to  make  an  appraisement  of  the  estate  and 
effects  so  assigned,  according  to  the  best  of  their  judgment,  and 
having  completed  the  same,  to  return  the  inventory  and  ap- 
praisement to  the  Court. 

James  Davis, 

[Seal.]  Prothonotary. 


3.  Oath  of  Appraisers  ayid  Inventory,  with  Affidavit  of  Assignee. 

p.  61,  pi.  9,  10.     p.  968,  pi.  2.     14  June  1836,  P.  L.  630. 

Chester  county,  ss. 

Seth  Jones  and  Abel  Lea,  appointed  by  the  annexed  order, 


TRUSTEES    AND    ASSIGNEES. 


731 


to  appraise  the  estate  and  effects  of  John  Gregg,  assigned  to 
James  Wills  in  trust  for  his  creditors,  being  duly  sworn,  say 
that  as  such  appraisers,  they  will  discharge  their  duties  with 
fidelity. 

Sworn  and  subscribed,  April  ^  Seth  Jones, 

10,  1859,  before  >  Abel  Lea. 

John  Graves,  J.  P.      J 


P.  61,  pi.  8.     14  June  1836,  P.  L.  630. 

Inventory  of  the  estate  and  effects  assigned  by  John  Gregg 
to  Henry  Kose  for  the  benefit  of  creditors. 


Team  of  five  horses, . 

$500 

00 

Wagon,     ..... 

100 

00 

Five  sets  harness, 

100 

00 

Farm  of  70  acres  in  Penn  Town- 

ship at  $90  per  acre, 

6300 

00 

$7000 

00 

Appraised  March  6,  a.  d.  1855,  by 


Seth  Jones, 
Abel  Lea. 


Chester  county,  ss. 

James  Wills,  the  above-named  assignee,  being  duly  sworn,  says, 
that  the  foregoing  schedule  is  a  full  and  complete  inventory  of 
all  the  estate  and  effects  assigned  to  him  on  the  first  day  of 
March,  A.  D.  1865,  by  John  Gregg,  in  trust  for  creditors,  so  far 
as  the  same  have  come  to  his  knowledge. 

Sworn  and  subscribed,  March  ^  Henry  Rose.  . 

10,  A.  D.  1855,  before  I 

Henry  Fleming,  a  Jus-  [ 
tice  of  the  Peace.      ^ 


732  TRUSTEES   AND   ASSIGNEES. 

4.  Petition  of  Assignor  to  have  Articles  set  aside,  ^c. 

p.  1313,  pi.  1.     4  May  1864,  P.  L.  762. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County: 

The  petition  of  John  Gregg,  Respectfully  represents, 

That  on  the  first  day  of  January  last  past  he  executed  and 
delivered  an  assignment  of  all  his  estate  and  property  to  James 
Wills,  in  trust  for  the  benefit  of  the  creditors  of  the  petitioner, 
by  which  he  transferred  to  the  said  James  Wills  articles  of 
household  furniture  and  things  for  domestic  use ;  that  said 
articles  have  been  included  in  an  appraisement  duly  made  of 
the  said  assigned  estate  of  the  petitioner,  and  filed  in  the  office 
of  the  Prothonotary  of  this  Court  on  the  tenth  of  January  last. 
The  petitioner  therefore  prays  the  Court  to  have  set  aside  for 
the  use  of  himself  and  family,  the  articles  and  things,  part  of 
them  assigned  and  appraised  as  aforesaid,  and  specified  in  the 
schedule  hereto  annexed,  and  not  exceeding  in  value  at  the 
appraisement  thereof  three  hundred  dollars,  and  that  the  Court, 
after  due  notice  to  his  creditors,  will  order  that  the  said  articles 
may  be  released  from  the  assigned  estate  and  handed  to  him. 

And  he  will  pray,  &c. 

February  1,  1860.  John  Gregg. 

(Affidavit  of  truth  of  petition.) 

Schedule  of  articles  and  things  with  their  value  as  in  the 
inventory,  viz.  (state  articles  particularly,  with  value  of  each). 


5.  Bond  of  Assignee. 

P.  969,  pi.  5,  6.     14  June  1836,  P.  L.  631. 

Know  all  men  by  these  presents,  that  we,  James  Wills,  assignee 
of  John  Gretro;  and  wife,  in  trust  for  the  creditors  of  the  said  John 
Gregg, — Seth  Jones  and  Abel  Lea,  all  of  the  County  of  Chester, 
are  held  and  fii-mly  bound  unto  the  Commonwealth  of  Pennsyl- 


TRUSTEES    AND    ASSIGNEES.  733 

vania  in  the  sum  of  two  thousand  dollars,  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  Commonwealth,  her  certain 
attorney  and  assigns,  to  which  payment  well  and  truly  to  be 
made,  we  bind  ourselves  jointly  and  severally,  our  heirs,  executors 
and  administrators,  firmly  by  these  presents ;  Sealed  with  our 
seals,  dated  the  first  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-nine :  The  condition  of  this 
obligation  is  such,  that  if  the  above-bounden  James  Wills,  as- 
signee aforesaid,  shall  in  all  things  comply  with  the  provisions 
of  the  Acts  of  Assembly  in  such  case  made,  and  shall  faithfully 
execute  the  trust  confided  to  him,  then  the  above  obligation  to 
be  void,  or  else  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the^  James  Wills,  [l.  s.] 

presence  of  I  Seth  Jones,      [l.  s.J 

Job  Mann,  f  Abel  Lea.        [l.  s.] 

James  Davis.      ^ 


6.  Petition  for  Citation  to  Assignee  to  Settle  Account. 

P.  969,  pi.  7,  8.     14  June  1836,  P.  L.  631. 

In  the  Estate  of  John  Gregg  )  In   the   Court   of  Common 
and  Wife,  Assignors.  j       Pleas  of  Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  George  Boyd,  Respectfully  represents  :  That 
John  Gregg  and  wife,  on  the  first  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-nine,  made  a 
voluntary  assignment  of  all  their  estate  and  effects,  real  and 
personal,  to  James  Wills,  in  trust  for  the  creditors  of  the  said 
John  Gregg :  That  the  said  James  Wills  assumed  the  duties  of 
the  said  trust,  and  filed  an  inventory  of  the  estate  and  effects 
assigned,  amounting  to  one  thousand  dollars  (or  as  the  case 
may  be), (a)  and  possessed  himself  of  said  estate  and  efi"ects  ;  that 

(a)    See  Wliitm.y^s  Appeal,  10  Harris  500. 


734  TRUSTEES   AND   ASSIGNEES. 

more  than  a  year  has  elapsed  since  the  date  of  said  assignment, 
and  that  the  assignee  has  not  exhibited  in  this  Court  the  ac- 
counts of  said  trust.  The  petitioner  further  showing  to  the 
Court,  that  he  is  a  creditor  (or  as  the  case  may  be),  of  said  John 
Gregg,  and  interested  in  said  trust,  prays  the  Court  to  issue  a 
citation  to  the  said  James  Wills,  requiring  him  to  appear  and 
exhibit  in  this  Court  under  oath  or  affirmation,  the  accounts  of 
said  trust,  within  a  time  certain  to  be  named  in  said  citation. 

And  he  will,  &c. 

George  Boyd. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


7.  Petition  to  Dismiss  Trustee  for  Default,  ^c. 

p.  969,  pi.  12.     P.  970,  pi.  16,  19.     14  June  1836,  P.  L.  633. 

In  the  Estate  of  John  Gregg  >  In  the  Court  of  Common 
and  Wife,  Assignors.  J      Pleas  of  Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  George  Boyd,  Respectfully  represents :  That 
the  said  John  Gregg  and  wife,  on  the  first  day  of  April,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-nine, 
made  a  voluntary  assignment  of  their  estate  and  efi"ects  to  James 
Wills  for  the  benefit  of  the  creditors  of  the  said  John  Gregg ; 
that  the  said  James  Wills  has  neglected  and  refused  to  file  a 
true  and  complete  inventory  of  said  estate  and  effects  (or  as 
the  cause  of  complaint  may  be).  The  petitioner,  further  show- 
ing that  he  is  a  creditor  of  said  John  Gregg  (or  as  the  case 
may  be),  and  interested  in  said  trust  estate,  prays  the  Court  to 
issue  a  citation  to  the  said  James  Wills,  requiring  him  to  appear 
at  a  time  in  said  citation  to  be  named,  and  show  cause  why  he 
should  not  be  dismissed  from  his  trust. 

And  he  will,  &c. 

June  1,  1860.  George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.") 


TRUSTEES   AND   ASSIGNEES.  735 

8.  Petition  to  Dismiss  Assignee  on  Surety  Failing  or  Removing. 

P.  969,  pi,  14.     14  June  1836,  P.  L.  632. 

In  THE  Estate  of  John  Gregg  )  In  the  Court  of  Common 


and  Wife,  Assignors.  j       Pleas  of  Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  George  Boyd,  Respectfully  represents, 

That  the  said  John  Gregg  and  wife,  on  the  first  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
nine,  made  a  voluntary  assignment  of  their  estate  and  eff'ects 
for  the  benefit  of  the  creditors  of  the  said  John  Gregg,  to 
James  Wills,  who  filed  an  inventory  amounting  to  one  thousand 
dollars,  and  entered  into  bond  to  the  Commonwealth  in  the  sum 
of  two  thousand  dollars,  with  Seth  Jones  and  Abel  Lea  as  his 
sureties,  who  were  approved  by  the  Court,  conditioned  for  the 
faithful  execution,  by  the  said  James  Wills,  of  his  trust  afore- 
said : — That  the  said  Abel  Lea,  one  of  said  sureties,  is  in  fail- 
ing circumstances,  having  himself  made  an  assignment  for  the 
benefit  of  his  creditors  (or  has  removed  out  of  the  Common- 
wealth, or  has  signified  his  intention  to  remove  out  of  the  Com- 
monwealth, as  the  case  may  be).  The  petitioner  showing  to 
the  Court,  that  he  is  a  creditor  of  said  John  Gregg  (or  as  the 
case  may  be),  and  interested  in  the  estate  so  assigned  as  afore- 
said, prays  the  Court  to  issue  a  citation  to  the  said  James  Wills 
to  appear  before  this  Court  at  a  time  therein  to  be  named,  to 
show  cause  why  he  should  not  be  dismissed  from  his  trust. 

And  he  will,  &c. 

April  1,  1860.  George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


736  TRUSTEES    AND    ASSIGNEES. 

9.  Petition  for  Appointment  of  Temporary  Trustee. 

p.  970,  pi.  18.     14  June  IS.ie,  P.  L.  633. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County  : 

The  petition  of  George  Boyd,  Respectfully  represents, 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
county,  died  about  the  month  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-nine,  having  made 
his  last  will  and  testament,  dated  the  first  day  of  January  in 
the  same  year,  and  duly  proved  on  the  twentieth  day  of  the 
same  month  of  March  ;  that  by  said  will  the  testator,  amongst 
other  things,  gave  and  devised  to  James  "Wills  and  to  his  heirs, 
a  certain  messuage  and  tract  of  land  (describe  it  shortly)  to  be 
held  in  trust  by  him  for  the  use  of  the  petitioner  (set  out  trust), 
that  the  said  James  Wills  is  an  infant  (stating  age,  or  is  tempo- 
rarily absent  in  Europe,  or  as  the  case  may  be) ;  the  petitioner, 
therefore,  prays  the  Court  to  appoint  a  trustee  in  the  place  of 
said  James  Wills,  to  have,  during  said  period,  all  the  poAvers 
necessary  for  the  administration  of  the  trust. 

And  he  will,  &c. 

George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


10.  Petition  to  Dismiss  tvhere  Trustee  is  Lunatic. 

p.  970,  pi.  20.     14  June  1836,  P.  L.  633. 

In  the  Estate  of  John  ')  r   ^-l    n      ^    c  n  t>i        c 

^  ,  ,^_  -       (  in  the  Court  oi  Common  Pleas  ot 

Gregg  and  Wife,  As-  >     rti     .     /-i 

'  I       Chester  County, 

signers.  J 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  George  Boyd,  Respectfully  represents, 
That  John   Gregg   and   wife   did,  on  the  first  day  of  April 
last,  make  a  voluntary  assignment  of  their  estate  and  effects, 
for  the  benefit  of  the  creditors  of  the  said  John  Gregg,  to  James 


TRUSTEES   AND    ASSIGNEES.  737 

Wills,  wlio  assumed  the  duties  of  said  trust ;  that  the  said  James 
Wills,  by  an  inquisition  under  the  authority  of  this  Court  was, 
on  the  first  day  of  August  last,  duly  declared  to  be  a  lunatic 
(or  as  the  case  may  be),  the  petitioner  therefore  showing  to  the 
Court  that  he  is  a  creditor  of  the  said  John  Gregg  (or  as  the 
case  may  be),  and  interested  in  said  trust,  prays  the  Court,  on 
due  proof,  to  dismiss  said  James  Wills. 

And  he  will,  &c. 

October  28,  1860.  George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


11.   Order  for  Citation  to  Lunatic,  ^c,  Trustee. 

p.  9T0,  pi.  20.     14  June  18.36,  P.  L.  633. 

^   In  the  Court  of  Common  Pleas  of 
In  the  Estate  of  John  )       Chester  County. 

Gregg  and  Wife,  As-  j  On  the  petition  of  George  Boyd  to 
signors.  J       dismiss  Assignee. 

And  now,  October  28,  18G0,  The  petition  of  George.  Boyd 
being  read,  the  Court  direct  a  citation  to  issue  to  the  said  James 
Wills,  to  appear  in  Court  on  the  tenth  day  of  December  next, 
and  show  cause  why  he  should  not  be  dismissed  from  his  trust, 
as  assio;nee  of  John  Greo-o;  and  wife. 


12.   Order  to  Deliver  Books,  ^r.,  on  Dismissal. 

p.  970,  pi.  20,  21.     14  June  1836,  P.  L.  633. 

-.  In  the  Court  of  Common  Pleas  of 
In  the  Estate  of  John  I       Chester  County. 

Gregg  and  Wife,  As-  r  On  the  petition  of  George  Boyd  to 

signors.  J       dismiss  Assignee. 

And  now,  December  10,  1869,  It  appearing  to  the  Court  that 
the  citation  in  this  case  has  been  duly  served  on  James  Wills 
therein  named,  and  the  said  James  Wills  not  appearing,  the 
Court  on  due  proof  that  the  said  James  Wills  has  been  duly 
declared  to  bo  a  lunatic  (or  as  the  case  may  be),  do  dismiss 
47 


738  TRUSTEES   AND    ASSIGNEES. 

him  from  his  trust  as  assio-nee  of  the  said  John  Gregs:  and 
wife ;  and  do  further  order  that  all  books,  papers,  moneys  and 
effects  in  the  hands  of  the  said  James  Wills  be  forthwith  deli- 
vered to  Seth  Jones,  whom  the  Court  appoints  to  receive  the 
same,  he,  the  said  Seth  Jones,  having  first  entered  into  bond 
to  the  Commonwealth,  with  Enoch  Rex  and  Abel  Lea  as  his 
sureties,  who  are  approved  by  the  Court,  in  the  sum  of  two 
thousand  dollars,  conditioned  for  the  faithful  execution  of  his 
trust  as  receiver  aforesaid. 


13.  Petition  of  Trustee  to  he  Discharged. 

p.  970,  pi.  22.     14  June  1836,  p.  L.  633. 

lln 

and  Wife,  Assignors.  J       Pleas  of  Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleaa 
of  Chester  County  aforesaid  : 

The  petition  of  James  Wills,  Respectfully  represents. 
That  John  Gregg  and  wife  did,  on  the  first  day  of  April  last, 
make  a  voluntary  assignment  of  all  their  estate  and  effects  in  trust 
for  the  creditors  of  the  said  John  Gregg  to  tbe  petitioner  (or  as  the 
case  may  be,  stating  the  nature  of  the  trust),  that  the  petitioner 
as  such  assignee  (or  as  the  case  may  be),  assumed  said  trust,  filed 
an  inventory  of  said  estate  and  effects,  amounting  to  one  thousand 
dollars,  and  gave  bond  according  to  law ;  that  he  has  proceeded  in 
the  execution  thereof  and  has  sold  all  the  personal  estate  of  the 
assiOTor  and  collected  debts  due  to  the  estate,  in  the  whole  amount- 
ing  to  five  hundred  dollars  (or  as  the  case  may  be),  and  has  paid 
expenses  amounting  to  one  hundred  dollars ;  that  the  said  assignee 
has  duly  settled  his  accounts  of  said  trust,  so  far  as  he  has  acted 
therein,  which  accounts  were  confirmed  by  this  Court,  on  the 
tenth  day  of  the  present  month  of  December,  and  that  by  said 
account,  there  appears  to  be  in  his  hands  a  balance  of  four 
hundred  dollars,  beside  the  real  estate  assigned  to  him,  which 
remains  unsold :  The  petitioner  further  represents,  that  by  rea- 
son of  failing  health  (set  out  the  reason),  he  is  desirous  to  be 


TRUSTEES   AND   ASSIGNEES,  739 

discharged  from  the  said  trust,  upon  surrendering  the  trust 
estate  remaining  in  his  hands,  to  such  other  assignee  as  may  be 
appointed  to  receive  the  same,  and  shall  have  performed  such 
other  matters  as  may  be  required  in  equity. 

And  he  will,  &c. 

December  14,  1860.  James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


14.   Order  of  Notice,  ^c,  on  Application  of  Trustee  for  Dis- 
charge. 

p.  970,  pi.  22.     14  June  1836,  P.  L.  633. 

T  -n  T        -\  In  the  Court  of  Common  Pleas  of 

In  the  Estate  of  John  |       „,  „ 

^  .  ^.j  .       I       Chester  County. 

Gregg  and  Wife,  As-  >  ^       ,  ..•'„,  .„.„ 

I  On    the    petition   oi    James    Wills, 
signers.  )        .     .      ^  1      1.    1 

^       Assignee,  to  be  discharged. 

And  now,  December  14,  1860,  On  the  petition  of  James 
Wills,  assignee  in  trust  for  the  creditors  of  John  Gregg,  pray- 
ing to  be  discharged  from  his  trust,  the  Court  appoint  the 
twenty-eighth  day  of  January  next,  for  hearing  said  applica- 
tion, and  direct  that  notice  of  the  same  and  the  time  of  hearing 
thereof,  be  given  to  all  parties  interested  in  said  trust,  by  adver- 
tisement in  the  "  Star,"  a  public  newspaper  published  in  the 
County  of  Chester,  and  the  "Press,"  a  public  newspaper  pub- 
lished in  the  City  of  Philadelphia,  once  a  week  for  four  succes- 
sive weeks  prior  to  the  hearing. 


15.  Discharge  of  Trustee  on  his  Request,  and  Order  to  Deliver 

Estate,  ^c. 

p.  970,  pi.  22.     14  June  1836,  P.  L.  633. 

T  -17^    ..„„  „^  T^       ^  I"^  t^6  Court  of  Common  Pleas  of 

In  the  Estate  of  John  )      ^,  ^ 

^  ,  „r  A      (       Chester  County. 

Gregg  and  Wife,  As-  V  „       ,  .  .    ^    ,    ^  „,.„ 

I  On    the    petition   of   James    Wills, 
signors.  )        A     •  ,      1.    ,  , 

Assignee,  to  be  discharged. 

And  now,  January  28,  1861,  It  appearing  to  the  Court,  that 


740  TRUSTEES   AND   ASSIGNEES. 

notice  of  the  hearing  of  the  application  of  James  Wills,  assignee 
in  trust  for  creditors  of  John  Gregg  and  wife,  to  be  discharged 
from  his  trust,  has  been  duly  published  according  to  the  order 
of  the  Court,  and  it  further  appearing  that  the  said  James  Wills 
has  settled  his  accounts  of  said  trust,  which  have  been  duly 
confirmed  by  this  Court,  and  it  further  appearing  that  the  facts 
in  the  case  are  such  as  in  equity,  entitle  the  said  James  Wills  to 
relief: — the  Court  discharge  the  said  James  Wills  from  his  said 
trust,  upon  his  surrendering  the  trust  estate  remaining  in  his 
hands,  and  delivering  all  books,  papers,  moneys  and  effects  in 
his  hands  (or  whatever  the  order  of  the  Court  may  be),  to  Seth 
Jones,  who  is  appointed  by  the  Court  to  receive  the  same. 


16.  Petition  to  Fill  Vacant  Trust. 

p.  971,  pi.  23.     14  June  1836,  P.  L.  633, 

In  the  Estate  of  John  )  t     .i     n      .    r  n  -m         c 

„  ,  ,„  .In  the  Court  oi  Common  Jfleas  of 

(jrREGG  and  V\  ife,  As-  >      ^,  ^ 

I       Chester  County, 
signers.  J 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  George  Boyd,  Respectfully  represents, 

That  John  Gregg  and  wife,  on  the  first  day  of  April  last, 
made  a  voluntary  assignment  of  all  their  estate  and  effects  to 
James  Wills,  in  trust  for  the  creditors  of  the  said  John  Gregg 
(or  stating  nature  of  trust) ;  that  the  said  James  Wills  assumed 
said  trust  and  has  since  died  (or  as  the  case  may  be),  the  peti- 
tioner showing  that  he  is  a  creditor  of  the  said  John  Gregg  (or 
as  the  case  may  be),  and  interested  in  the  estate  which  is  the 
subject  of  said  trust,  prays  the  Court  to  appoint  an  assignee 
(or  trustee),  in  place  of  the  said  James  Wills. 

And  he  will,  &c. 

May  1,  1860.  George  Boyd. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


TRUSTEES    AND    ASSIGNEES.  741 


17.   Order  of  Notice  for  Appointment  of  Assignee. 

p.  971,  pi.  24,  25.     14  June  1836,  P.  L.  634. 

T  „  T        -\  In  the  Court  of  Common  Pleas  of 

In  the  Estate  of  John  )       ^^  ^ 

^  ,  „^  A      I       Chester  County. 

Gregg  and  Wife,  As-  >  ^      ,  .  .      "^  ^  ^  -r.     i 

Un  the  petition  oi    Creorge  iioycl 
signers.  j       r  •  X        i.    r   A     ■ 

°  tor  appointment  ot  Assignee. 

And  now,  May  1,  1860,  On  the  petition  of  George  Boyd, 
praying  for  the  appointment  of  an  assignee  of  the  estate  and 
eflFects  of  John  Gregg  and  wife,  assigned  to  James  Wills  in  trust 
for  creditors,  in  place  of  said  James  Wills,  deceased,  the  Court 
appoint  the  tenth  day  of  June  next  for  the  hearing  of  said 
application,  and  direct  notice  of  said  application  and  the  hear- 
ing thereof  to  all  persons  interested,  by  advertisement  in  the 
"  Star,"  a  public  newspaper  published  in  said  County  of  Ches- 
ter, and  the  "Press,"  a  public  newspaper  published  in  the  City 
of  Philadelphia,  once  a  week  for  four  successive  weeks  prior  to 
the  hearing. 


In  the  Estate  of  John^ 


18.  Appointment  of  New  Trustees. 

p.  971,  pi.  25.     14  June  1836,  P.  L.  634. 

In  the  Court  of  Common  Pleas  of 
Chester  County. 


Gregg  and  Wife,  As-  >  ^     .,         ...         n  r^  n     ^ 

I  On  the  petition  ot   George  Uoyd 

^        *  -^       for  appointment  of  Assignee. 

And  now,  June  10,  1860,  It  appearing  to  the  Court  that 
notice  of  the  hearing  of  the  application  of  George  Boyd  for  the 
appointment  of  an  assignee  in  the  place  of  James  Wills,  de- 
ceased, has  been  published  according  to  the  order  of  the  Court, 
the  Court,  upon  due  consideration,  appoint  Seth  Jones,  assignee 
(or  trustee),  in  the  place  of  the  said  James  Wills,  deceased, 
he  having  first  entered  into  bond  to  the  Commonwealth,  with 
Enoch  Rex  and  Abel  Lea  as  his  sureties,  who  are  approved  by 
the  Court,  in  the  sum  of  two  thousand  dollars,  conditioned  for 


742  TRUSTEES   AND    ASSIGNEES. 

the  faithful  execution  of  the  trust  confided  to  him, (a)  and  the 
said  Seth  Jones  shall  be  liable  to  the  same  duties  and  have  the 
same  powers  and  authorities  in  relation  to  the  trust,  and  shall 
be  subject  to  the  jurisdiction  and  control  of  the  Court  in  the 
same  manner  to  all  intents  and  purposes  as  the  said  James 
Wills. 


19.  Application  of  Sureties  of  Discharged  Trustee  to  he 
Discharged. 

P.  971,  pi.  27.     14  June  1836,  P.  L.  634. 

In  the  Estate  of  John  Gregg  "I  In   the   Court    of  Common 

and  Wife,  Assignors.  j       Pleas  of  Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Enoch  Rex  and  Abel  Lea,  Respectfully 
represents, 

That  John  Gregg  and  wife,  on  the  first  day  of  April,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  made 
a  voluntary  assignment  of  their  estate  and  effects  to  James 
Wills  in  trust  for  creditors ;  that  the  said  James  Wills  assumed 
said  trust,  filed  an  inventory  of  said  estate  and  effects  amount- 
ing to  one  thousand  dollars,  and  entered  into  bond  to  the 
Commonwealth,  with  the  petitioners  as  his  sureties,  in  the  sum 
of  two  thousand  dollars,  conditioned  according  to  law ;  that  on 
the  twenty-eighth  day  of  January  last  this  Court  made  a  decree 
discharging  the  said  James  Wills  from  his  said  trust,  and  order- 
ing him  to  surrender  the  trust  estate  remaining  in  his  hands, 
and  to  deliver  all  books,  papers,  moneys  and  effects  in  his  hands 
to  Seth  Jones,  who  was  appointed  by  the  Court  to  receive  the 
same;  the  petitioners  further  represent,  that  the  said  James 
Wills  has  complied  with  the  aforesaid  order  of  the  Court  and 
all  other  orders  made  in  the  premises.  They  therefore  pray 
the  Court  to  make  an  order  discharging  them  from  liability  for 

(a)  Security  is  to  be  given  only  in  cases  required  by  law. 


TRUSTEES    AND    ASSIGNEES.  743 

any  acts  of  said  James  Wills,  after  the  date  of  the  said  order 
of  discharge. 

And  they  will,  &c. 

Enoch  Rex, 
Abel  Lea. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


20.  Petition  of  Trustee  for  Discharge  on  Execution  of  Trust. 

P.  972,  pi.  40.     P.  97.S,  pi.  43.     22  March  1825,  8  Sm.  L.  405.     ]  4  April  1828,  10  Sm. 

L.  224. 

In  the  Estate  of  \  In  the  Court  of  Common  Pleas  of  Chester 

John  Gregg.      j      County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Wills,  Respectfully  represents, 

That  John  Gregg,  by  deed  dated  the  first  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty, 
assigned  and  transferred  to  the  petitioner  (describe  property), 
amounting  to  one  thousand  dollars,  in  trust,  to  invest  the  same 
and  receive  the  income  thereof  and  pay  said  income  to  Jane 
Robb,  the  daughter  of  the  said  John  Gregg,  during  the  life  of 
George  Robb,  her  husband,  and  after  his  death  to  pay  the  prin- 
cipal sum  to  the  said  Jane  Robb.  The  petitioner  further  repre- 
sents, that  the  said  George  Robb  has  died  ;  that  your  petitioner 
has  filed  in  the  office  of  the  Prothonotary  of  this  Court,  his 
account  as  trustee  aforesaid,  under  oath,  exhibiting  in  said 
account  a  particular  statement  of  the  receipts  and  expenditures, 
and  showing  in  his  hands  a  balance  of  nine  hundred  dollars ; 
and  that  said  account  was  approved  by  this  Court,  on  the  tenth 
day  of  March  last,  and  the  balance  paid  over  to  the  said  Jane 
Robb  by  order  of  the  Court,  and  that  he  has  in  all  respects 
executed  the  trust  delegated  to  him  : — lie  therefore  prays  the 
Court  to  dischai'ge  him  from  his  trust  aforesaid. 

And  he  will,  &c. 

April  1,  18G0.  James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


744  TRUSTEES    AND    ASSIGNEES. 

21.   Order  for  Citation  to  Cestui  que  Trust  on  Application  of 
Trustee  for  Discharge. 

p.  972,  pi.  40.     22  March  1825,  8  Sm.  L.  405. 

.  In  the  Court  of  Common  Pleas  of 
In  the  Trust  Estate  I       Chester  County. 

OF  John  Gregg.  (  On  the  petition  of  James  "Wills,  Trus- 

^       tee,  to  be  discharged. 

And  now,  April  10,  1860,  Upon  the  petition  of  James  Wills, 
praying  for  a  discharge  as  Trustee  of  the  Estate  conveyed  by 
John  Gregg  in  trust  for  Jane  Robb,  the  Court  direct  a  citation 
to  issue  to  the  said  Jane  Robb,  requiring  her  to  appear  in  this 
Court  on  the  fifth  day  of  May  next  to  show  cause  why  the  said 
James  Wills  should  not  be  discharg-ed  from  said  trust. 


22.    Order  Discharging  Trustee  on  Execution  of  Trust. 

p.  972,  pi.  40.     22  March  1825,  8  Sin.  L.  405. 

-,^  In  the  Court  of  Common  Pleas  of 
In  the  Trust  Estate  I       Chester  County. 

OF  John  Gregg.  f  On  the  petition  of  James  Wills,  Trus- 

■^       tee,  to  be  discharged. 

And  now.  May  10,  1860,  On  the  return  of  the  citation  in 
this  case,  it  appearing  that  the  same  had  been  duly  served  on 
Jane  Robb,  the  Court  proceeded  to  hear  and  determine  the 
matter,  and  it  appearing  that  the  said  James  Wills  has  executed 
said  trust  agreeably  to  his  powers,  the  Court  order  and  decree 
that  he  be  discharged  from  said  trust  for  ever. 


23.  Application  against  Trustee  for  Account. 

p.  970,  pi.  15.     14  June  1836,  P.  L.  632. 

In  the  Trust  Estate  of  "I  In  the  Court  of  Common  Pleas 
John  Gregg,  deceased.     J      of  Chester  County. 


TRUSTEES   AND   ASSIGNEES.  745 

To  tlie  Honorable,  tlie  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  James  Gregg,  Respectfully  represents. 

That  John  Gregg,  of  the  Township  of  Penn,  in  the  County 
of  Chester,  died  in  the  month  of  November,  one  thousand  eight 
hundred  and  fifty,  having  made  his  last  will  and  testament, 
dated  the  first  day  of  April  and  duly  proved  on  the  first  day 
of  December  in  the  same  year ;  that  by  his  said  will  he  did 
give  and  bequeath,  amongst  other  things,  as  follows,  viz.  (set 
out  as  much  of  will  as  will  show  the  trust),  and  that  at  the  time 
of  the  commencement  of  said  trust,  the  said  James  Wills,  the 
trustee  therein  named,  resided  (or  the  "  said  corporation  was 
situate,"  or  "  the  principal  ofiicers  of  said  corporation  resided"), 
in  the  said  County  of  Chester;  that  the  said  James  Wills  (or 
corporation,  naming  it),  assumed  said  trust,  and  possessed  him- 
self of  the  trust  estate,  amounting  to  the  sum  of  one  thousand 
dollars  or  more ;  that  the  said  James  Wills  (or  as  the  case  may 
be),  has  exhibited  into  this  Court  no  account  of  the  management 
of  said  trust  estate  and  funds  (or  as  the  case  may  be).  The  peti- 
tioner showinfj  as  aforesaid,  that  he  is  interested  in  the  said  trust 
estate  and  funds,  prays  the  Court  to  issue  a  citation  to  the  said 
James  Wills  (or  as  the  case  may  be),  requiring  him  to  appear 
in  Court  at  a  certain  time  to  be  specified  in  said  citation,  and 
exhibit  an  account  of  the  management  of  said  trust  estate  and 
funds  (or  whatever  relief  may  be  desired). 

And  he  will,  &c. 

James  Gregg. 

(Affidavit  of  petitioner  to  be  appended.) 


24.  Petition  for  Dismissal  of  Trustee,  under  Act  of 
April  1,\m^. 

p.  974,  pi.  53.     7  April  1859,  P.  L.  406. 

In  the  Estate   of  John  \  In  the  Orphans'  Court  of  Chester 

Gregg,  deceased.  J       County. 

To  the  Honorable,   the  Judges  of  the  Orphans'  Court   of 
Chester  County : 


746  TRUSTEES    AND    ASSIGNEES. 

The  petition  of  James  Gregg,  Respectfully  represents, 
That  John  Gregg,  of  the  Township  of  Penn  in  the  said  County 
of  Chester,  died  in  the  month  of  February  last,  having  made  his 
last  will  and  testament,  dated  the  first  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  and 
duly  proved  the  tenth  day  of  March  last ;  that  by  the  said  will 
he  gave  and  bequeathed  as  follows,  viz.  (set  out  trust) ;  that 
the  said  James  Wills,  the  trustee,  assumed  the  said  trust,  and 
possessed  himself  of  the  trust  funds,  amounting  to  one  thousand 
dollars  and  upwards,  and  has  failed  and  neglected  to  pay  over 
the  income  of  the  said  trust  funds  according  to  his  duty  under 
&!iid  trust  (or  as  the  facts  may  be,  setting  out  the  ground  of 
complaint).  The  petitioner  showing  as  aforesaid,  that  he  is 
interested  in  said  trust  estate,  prays  the  Court  to  dismiss  the 
said  James  Wills,  and  make  such  further  order  in  the  premises 
as  to  the  Court  shall  seem  necessary  and  proper  for  the  protec- 
tion of  the  rights  and  interests  under  said  trust. 

And  he  will,  &c. 

James  Gregg. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


25.  Petition  to  Jill  Vacant  Trust. 

p.  308,  pi.  213,  p.  947,  pi.  52.     22  April  1846,  P.  L.  483. 

To   the   Honorable,  the  Judges  of  the   Orphans'  Court  of 
Chester  County  : 

The  petition  of  Sarah  Robb,  Respectfully  represents. 
That  John  Gregg,  of  the  Township  of  Penn,  died  on  or  about 
the  first  day  of  March,  A.  D.  one  thousand  eight  hundred  and 
fifty,  having  first  made  his  last  will  and  testament,  dated  the 
first  day  of  January  in  the  same  year,  since  bis  decease  duly 
proven  on  the  tenth  day  of  March  aforesaid ;  that  in  and  by 
the  said  will,  he  gave  and  bequeathed,  amongst  other  things,  as 
follows,  viz. :  "  I  give  and  bequeath  to  John  Rex  the  sum  of 
ten  thousand  dollars,  in  trust  nevertheless,  safely  to  invest  the 
same,  and  to  pay  the  interest  thereof  to  my  wife  Mary  Gregg, 
annually  during  her  life,  and  at  her  death  to  pay  the  said  sum 


TRUSTEES    AND    ASSIGNEES.  747 

of  ten  thousand  dollars  to  my  daughter  Sarah  Rohb  ;"  the  peti- 
tioner further  represents,  that  the  said  John  Rex  took  upon 
himself  the  burden  of  the  execution  of  said  trust,  received  the 
said  sum  of  ten  thousand  dollars,  and  died  on  the  twelfth  day 
of  June  last,  whereby  a  vacancy  has  been  occasioned  in  said 
trust ;  the  petitioner,  therefore,  showing  that  she  is  the  same 
Sarah  Robb  named  in  the  above-mentioned  bequest,  prays  the 
Court  to  appoint  another  trustee  to  supply  said  vacancy. 

And  she  will,  &c. 

Sarah  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


26.   Petition  to  fill  Trust  after  Renunciation  of  Executor 
Trustee. 

p.  974,  pi.  54.     13  April  1859,  P.  L.  611.     P.  1325,  pi.  2. 

In  the  Estate  of  John  Gregg,  1  In  the  Orphans'  Court  of 

deceased.  /      Chester  County. 

To  the  Honorable,  the  Judges  of  the  Orphans'  Court  of 
Chester  County  : 

The  petition  of  George  Robb  and  Mary  Robb  his  wife. 
Respectfully  represents, 

That  John  Gregg,  late  of  the  Township  of  Penn  in  said 
County  of  Chester,  died  in  the  month  of  March,  one  thousand 
eight  hundred  and  fifty-seven,  having  made  his  last  will  and 
testament  in  writing,  dated  the  first  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-five,  and 
proved  on  the  tenth  day  of  the  month  of  March  aforesaid : 
That  by  said  will,  the  said  testator  directed  that  all  his  estate 
should  be  sold  and  otherwise  converted  into  cash,  and  amongst 
other  things  bequeathed  as  follows,  viz.:  "I  direct  the  residue 
of  my  estate  to  be  divided  into  three  equal  shares,  one  of  which 
shares  I  give  to  each  of  my  three  daughters,  viz.,  Mary  the  wife 
of  John  Robb,  Sarah  the  wife  of  Enoch  Rex,  and  Eliza  the 
wife  of  Abel  Lea,  and  that  the  said  shares  be  held  by  my 
executor,  hereinafter  named,  in  trust,  safely  to  invest  the  same 


748  TRUSTEES    AND    ASSIGNEES. 

and  pay  the  interest  thereof  to  my  said  daughters  during  the 
lives  of  their  respective  husbands,  for  the  sole  and  separate 
use  of  my  said  daughters,  and  upon  the  death  of  the  husband 
of  any  one  of  said  daughters,  to  pay  her  the  principal  of  her 
share  absolutely :"  The  petitioners  further  represent  that  the 
testator  appointed  James  Wills  executor  of  his  said  will,  and 
that  the  said  James  Wills  proved  the  same  as  aforesaid,  and 
took  upon  himself  the  burden  of  its  execution,  and  thereby 
became  trustee  of  the  aforesaid  trust  fund,  created  by  the  above- 
stated  bequest ;  that  he  converted  all  the  estate  of  the  deceased 
into  cash,  and  having  paid  the  expenses  of  said  estate,  and  the 
legacies  bequeathed  by  said  will,  settled  an  account  of  his 
administration  thereof,  which  was  confirmed  by  this  Court  on 
the  tenth  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty,  by  which  account  there  was  found 
to  be  a  balance  of  three  thousand  dollars  in  the  hands  of  said 
executor,  being  the  residue  of  said  estate ;  that  the  said  James 
Wills,  without  renouncing  his  office  as  executor,  has  declined  to 
accept  the  trust  created  in  the  aforesaid  bequest :  The  peti- 
tioners therefore  pray  the  Court  to  appoint  a  trustee  of  said 
fund  for  the  said  Mary  Robb. 

And  they  will,  &c. 

George  Robb, 
Mary  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


27.  Petition  to  compel  Infant  Trustee  to  convey. 

p.  973,  pi.  46.     27  July  1S42,  P.  L.  439. 

In  the  Trust  Estate  of  John  1  In  the  Court  of   Common 
Gregg,  deceased.  /      Pleas  of  Chester  County.. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

of  the  County  of  Chester  : 

The  petition  of  Mary  Robb,  Respectfully  represents, 

That  John  Gregg  of  the  Township  of  Penn  in  the  County  of 

Chester,  deceased,  died  about  the  month  of  March,  in  the  year  of 


TRUSTEES    AND    ASSIGNEES.  749 

our  Lord  one  thousand  eight  hundred  and  fifty-eight,  having  made 
his  last  will  and  testament  in  writing,  dated  on  the  first  day 
of  January  in  the  same  year,  and  proved  on  the  tenth  day  of 
the  month  of  March  aforesaid ;  that  by  said  will  he  gave  and 
devised  amongst  other  things  as  follows,  viz.,  "I  give  and  de- 
vise to  James  Wills  the  messuage  and  plantation,  &c.  (or  as  the 
case  may  he,  describing  it),  to  hold  to  him,  the  said  James  Wills, 
and  to  his  heirs  for  ever,  in  trust  nevertheless,  to  and  for  the 
use  and  benefit  of  my  daughter  Mary  Robb,  wife  of  George 
Kobb,  and  to  her  heirs  for  ever,  for  her  sole  and  separate  use, 
free  and  clear  of  all  control  of  her  said  husband  ;  and  I  further 
direct,  that  upon  the  death  of  the  said  George  Robb,  the  said 
trustee,  his  heirs  or  assigns,  shall  convey  the  said  real  estate  to 
my  said  daughter,  by  sufficient  deed  or  deeds  in  fee  ;"  that  since 
the  death  of  the  testator  and  the  probate  of  his  will,  the  said 
George  Robb  has  died,  and  that  the  said  James  Wills  has  also 
died,  leaving  Paul  Wills,  his  eldest  son  and  heir  at  law,  and 
that  the  said  Paul  is  a  minor,  and  has  for  his  guardian  Enoch 
Rex  ;  that  by  virtue  of  the  aforesaid  devise,  the  petitioner  is  en- 
titled to  a  deed  or  assurance  of  said  trust  estate :  she  therefore 
prays  the  Court  to  make  an  order,  compelling  the  said  Paul 
Wills  or  the  said  Enoch  Rex,  his  guardian,  to  make  and  execute 
to  her  such  deed  or  assurance  of  said  trust  estate  as  shall  be 
equitable  and  just. 

And  she  will,  &;c. 

Mary  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


28.  Application  to  compel  Trustees  to  record  Deed  of  Trust. 

p.  976,  pi,  65.     6  May  1854,  P.  L.  603. 

In  THE  Matter  OF  THE  Real')  -r    ^y,    r^      i.   e  r\  -m 

^  (  In  the  Uourt  oi  Common  Pleas 

Estate  held  in  trust  for  V       c  n\     l     n 
,  ^  I       01  Chester  County. 

James  Gregg.  j  "^ 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 


750  TRUSTEES   AND   ASSIGNEES. 

The  petition  of  James  Grregg,  Respectfully  represents  :  That 
John  Gregg,  of  the  Township  of  Penn  in  said  County  of  Chester, 
by  deed  dated  the  first  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-nine,  granted  and  con- 
veyed to  James  Wills,  of  the  Township  of  Elk  in  said  county,  a 
certain  messuage,  &c.  (describing  it),  to  hold  to  him,  the  said 
James  Wills,  and  to  his  heirs  for  ever,  in  trust  nevertheless,  to 
permit  the  petitioner  to  occupy  the  same  and  take  the  rents, 
issues  and  profits  thereof  for  and  during  his  life,  and  afterwards 
to  and  for  the  use  of  Charles  Gregg  in  fee ;  that  said  deed 
has  not  been  recorded,  and  is  in  the  possession  of  the  said 
James  Wills  ;  that  the  petitioner  has  requested  the  said  James 
W^ills  to  cause  the  same  to  be  recorded  in  the  said  County  of 
Chester,  and  has  tendered  to  him  the  sum  of  ten  dollars, 
the  same  being  a  suSicient  sum  to  pay  the  cost  of  such  record- 
ing ;  that  the  said  James  Wills  has  neglected  and  refused  to 
cause  the  said  deed  to  be  recorded  on  request  as  aforesaid. 
The  petitioner  showing,  by  the  facts  herein  stated,  that  he  is 
interested,  prays  the  Court  to  issue  a  citation  to  the  said  James 
Wills,  to  appear  in  this  Court,  at  such  time  as  the  Court  shall 
direct,  and  show  cause  why  he  refuses  to  cause  said  deed  to  be 
recorded. 

And  he  will,  &c. 

James  Gregg. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


29.  Petition  to  apply  Personal  Estate  to  improve  Real  Estate. 

p.  973,  pi.  49.     8  May  1S55,  P.  L.  415. 

In  the  Trust  Estate  of  |  In  the  Court  of  Common  Pleas 
John  Gregg,  deceased.    ]       of  Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Charles  Gregg  and  James  Wills,  Respectfully 
represents  :  That  John  Gregg,  late  of  the  Township  of  Penn  in 
the  County  of  Chester,  died  in  the  month  of  March,  in  the  year 


TRUSTEES   AND   ASSIGNEES.  751 

of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  having 
made  his  last  will  and  testament,  dated  the  first  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
eight,  and  proved  on  the  tenth  day  of  the  aforesaid  month  of 
March  ;  that  by  his  said  will  he  bequeathed  and  devised  as  fol- 
lows, viz. :  "  I  bequeath  and  devise  all  my  personal  estate,  after 
the  payment  of  my  debts,  and  all  my  real  estate  consisting,  &c. 
(describe  real  estate),  to  James  Wills,  and  his  heirs  for  ever,  in 
trust  nevertheless,  to  pay  the  income  of  the  said  personal  and 
real  estate  to  my  son  Charles  Gregg,  during  his  life,  and  at  and 
upon  his  death,  to  pay  the  principal  of  the  said  personal  estate 
and  convey  the  said  real  estate  to  my  son  George  Gregg  in 
fee."  That  the  said  personal  estate  amounts  to  the  sum  of  two 
thousand  dollars,  and  that  the  said  real  estate  is  greatly  out  of 
repair  and  needs  improvement  (set  out  what  repairs,  improve- 
ments, &c.),  that  by  such  improvement  said  real  estate  would 
be  of  greater  productiveness,  and  that  it  will  promote  the  inte- 
rest of  the  said  trust  estate,  if  the  said  personal  property  or  a 
portion  thereof  shall  be  applied  for  the  improvement  and  greater 
productiveness  of  said  real  estate  : 

The  petitioners  therefore  pray  the  Court,  upon  notice  to  the 
parties  in  interest,  to  order  the  said  personal  estate,  or  such 
portion  of  it  as  may  be  necessary,  to  be  applied  as  aforesaid. 

And  they  will,  &c. 

CuARLES  Gregg, 
James  Wills. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


30.  Petition  to  apply  Personal  Estate  to  Improvement  of  Real 
Estate  where  Owners  are  Different. 

p.  973,  pi.  49.     3  May  1855,  P.  L.  415. 

In  the  Estate  of  John  "(  In  the  Court  of  Common  Pleas  of 
Gregg,  deceased.  )      Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 


752  TRUSTEES    AND    ASSIGNEES. 

The  petition  of  Charles  Gregg,  Mary  Robb  and  James  Wills, 
Respectfully  represents, 

That  John  Gregg,  late  of  the  Township  of  Penn  in  the  said 
County  of  Chester,  died  in  the  month  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  having 
made  his  last  will  and  testament,  dated  the  first  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
eight,  and  proved  on  the  tenth  day  of  the  aforesaid  month  of 
March ;  that  by  his  said  will  he  bequeathed  and  devised  as 
follows  :  "  I  bequeath  and  devise  all  my  personal  estate  after 
the  payment  of  my  debts,  and  all  my  real  estate,  &c.,  consist- 
ing, &c,  (describe  it),  to  James  Wills,  and  to  his  heirs  for  ever, 
in  trust  nevertheless,  to  pay  the  income  of  the  said  personal 
estate  to  my  daughter  Mary  Robb  during  her  life,  and  at  her 
death,  to  pay  the  principal  thereof  to  her  daughter  Jane  Robb 
absolutely ;  and  to  collect  and  receive  the  rents,  issues  and 
profits  of  the  said  real  estate,  and  as  they  may  be  received  and 
got  in,  to  pay  the  same  to  my  son,  Charles  Gregg,  during  his 
life,  and  at  his  death,  to  convey  the  said  real  estate  to  his  son, 
Robert  Gregg,  in  fee ;"  that  the  said  Jane  Robb  is  a  minor,  and 
has  for  her  guardian  Enoch  Rex ;  that  the  personal  estate  of 
the  decedent,  after  the  payment  of  his  debts  as  aforesaid, 
amounts  to  the  sum  of  five  thousand  dollars,  and  that  the  said 
real  estate  is  greatly  out  of  repair,  and  needs  improvement  (or 
as  may  be,  setting  out  grounds  for  application) ;  that  by  such  im- 
provement, said  real  estate  would  be  of  greater  productiveness, 
and  that  it  will  promote  the  interest  of  said  trust  estate,  if  the 
said  personal  property,  or  a  portion  of  it,  shall  be  applied  for 
the  improvement  and  greater  productiveness  of  said  real  estate : 
the  petitioners,  therefore,  pray  the  Court  upon  notice  to  the 
parties  interested,  to  order  the  said  personal  estate,  or  such 
portion  of  it  as  may  be  necessary,  to  be  applied  as  aforesaid. 

And  they  will,  &c. 

Charles  Gregg, 
Mary  Robb, 
James  Wills. 
(AflSdavit  of  truth  of  petition  to  be  appended.) 


TRUSTEES   AND   ASSIGNEES.  753 


31.   Order  to  a'pj^ly  Personal  Estate  to  Improvement  of  Real 

Estate. 

P.  973,  pi.  49.     3  May  1855,  P.  L.  415. 

,   In  tlie  Court  of  Common  Pleas  of 
In  THE  Estate  of  John  f       Chester  County. 

Gregg,  deceased.  fOn  application  for  improvement  of 

-^  Real  Estate. 
And  now,  June  10,  1860,  It  appearing  that  due  notice  has 
been  given  to  all  the  parties  in  interest  according  to  the  order 
of  the  Court ;  and  the  Court  upon  due  consideration  being  of 
opinion  that  it  will  promote  the  interest  of  the  estate  held  in 
trust,  by  James  Wills,  under  the  will  of  John  Gregg,  deceased, 
that  a  portion  of  the  personal  estate  held  in  trust  as  aforesaid, 
should  be  applied  to  the  improvement  and  greater  productive- 
ness of  the  real  estate  held  in  trust  as  aforesaid :  It  is  ordered 
by  the  Court,  that  the  said  James  Wills  do  apply  the  sum  of 
two  thousand  dollars,  part  of  said  personal  estate,  for  the  said 
purposes ;  and  the  Court  do  further  order,  that  the  said  James 
Wills  keep  an  accurate  account  of  his  expenditure  for  the  said 
purposes ;  and  that  such  expenditure  shall  be  a  charge  on  the 
said  real  estate,  in  favor  of  the  said  Mary  Robb  and  Jane 
Robb,  the  interest  whereof  shall  be  paid  to  the  said  Mary 
Robb  annually  during  her  life;  and  at  her  death,  the  principal 
sum  of  said  personal  estate  shall  be  paid  to  the  said  Jane 
Robb. 


32.  Petition  of  Married  Woman  for  a  Trustee. 

p.  974,  pi.  56.     25  April  1850,  P.  L.  571. 

In  THE  Estate  of  Mary  \  In  the  Court  of  Common  Pleas  of 
Robb.  /      Chester  County. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  Mary  Robb,  the  wife  of  John  Robb,  Respect- 
fully represents,  That  as  one  of  the  children  and  distributees 
48 


754  TRUSTEES   AND   ASSIGNEES. 

of  John  Gregg,  late  of  tne  Township  of  Penn  in  the  County 
of  Chester  aforesaid,  deceased,  she  is  entitled  to  the  sum  of 
one  thousand  dollars  as  her  share  of  his  estate  in  the  hands  of 
James  Wills,  administrator,  &c.,  of  said  deceased,  and  that  she 
has  no  trustee  of  the  same ;  the  petitioner  showing  to  the 
Court,  that  she  was  domiciled  in  the  said  County  of  Chester  at 
the  time  of  her  marriage  with  said  John  Robb,  prays  the  Court 
to  appoint  a  trustee  for  said  property. 

And  she  will,  &c. 

Mary  Robb. 
(Affidavit  of  truth  of  petition  to  be  appended.) 


33.  Petition  of  Sureties  for  Citation  and  Discharge  of  Trustee. 

p.  U16,  pi.  1,  2.     27  xMarch  1865,  P.  L.  44. 

To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 
of  Chester  County : 

The  petition  of  George  Rex,  Respectfully  represents, 
That  John  Gr,egg  of  the  Township  of  Penn  in  said  county, 
died  in  the  year  one  thousand  eight  hundred  and  fifty,  having 
made  his  last  will  which  was  duly  proved  on  the  first  day  of 
July  in  the  same  year,  by  which  he  bequeathed  to  James  Gregg 
the  sum  of  ten  thousand  dollars,  in  trust  nevertheless,  safely 
to  invest  the  same,  and  pay  the  income  thereof  to  Sarah 
Wills,  a  daughter  of  the  testator,  during  her  life,  and  to  pay 
the  principal  sum  to  the  children  of  the  said  Sarah  in  the  man- 
ner set  forth  in  said  will  (or  as  the  case  may  be) ;  that  the  said 
James  Gregg  having  died,  Seth  Lea  was,  on  the  first  day  of 
October  in  the  same  year,  appointed  by  the  Orphans'  Court  of 
said  county  trustee  in  his  stead  (or  as  the  case  may  be),  upon 
entering  into  bond  to  the  Commonwealth  in  the  sum  of  twenty 
thousand  dollars,  with  Abel  Jones  and  the  petitioner  as  his 
sureties,  conditioned  for  the  performance  of  his  trust;  that 
upon  the  last-mentioned  day  the  petitioner  with  the  said  Abel 
Jones  did  enter  into  a  bond  as  sureties  aforesaid  for  the 
said  George  Rex,  which  bond  was  approved  by  said  Orphans 


TRUSTEES  AND  ASSIGNEES.  755 

Court:  The  petitioner  further  represents  that  the  aforesaid 
legacy  or  trust  fund  was  afterwards  received  by  the  said  Seth 
Lea  from  the  executor  of  the  said  John  Gregg,  deceased ;  that 
the  said  Seth  Lea  has  neglected  safely  to  invest  the  said  legacy 
or  trust  fund  (or  as  the  case  may  be).  The  petitioner  showing 
that  the  residence  of  said  Seth  Lea  is  in  the  said  County  of 
Chester,  and  that  said  petition  has  not  been  presented  until 
after  the  expiration  of  three  years  from  the  time  of  his  appoint- 
ment, and  further  showing  by  a  copy  of  the  notice  hereto 
attached  with  the  endorsed  affidavit  of  its  service,  that  thirty 
days'  notice  of  the  presentation  of  this  petition  has  been  given 
to  the  said  Seth  Lea,  prays  the  Court  to  issue  a  citation  to  the 
said  Seth  Lea  to  file  an  account  of  the  management  of  his  said 
trust,  and  to  show  cause  why  the  petitioner  should  not  be  dis- 
charged from  all  further  responsibility. 

And  he  will,  &c. 

January  30,  1860.  George  Rex. 

(Affidavit  to  the  truth  of  the  petition.) 


34.  Notice  to  Trustee  of  Presentation  of  the  Petition. 

To  Seth  Lea,  Trustee  under  the  will  of  John  Gregg,  deceased, 
of  Sarah  Wills : 

Sir :  You  are  hereby  notified  that  as  surety  in  your  bond 
given  in  the  Orphans'  Court  of  Chester  County  as  trustee 
aforesaid,  I  will,  at  the  next  term,  of  the  Court  of  Common 
Pleas  of  said  county,  commencing  on  the  thirtieth  day  of  Janu- 
ary next,  present  a  petition  asking  said  Court  to  issue  a  cita- 
tion requiring  you  to  file  an  account  of  your  management  of 
your  trust  under  said  will,  and  to  show  cause  why  I  should  not 
be  discharged  from  all  further  responsibility. 

December  20,  1859.  George  Rex. 

(Affidavit  of  truth  of  petition  to  be  appended.) 


756  TRUSTEES  AND  ASSIGNEES. 


35.  Proof  of  Service  endorsed  on  Notice. 

Chester  county,  ss. 

Eber  Miles  being  duly  sworn,  says,  that  he  served  a  notice, 
of  which  the  within  is  a  copy,  on  Seth  Lea  on  the  twentieth  day 
of  December,  a.  d.  1859,  by  handing  said  notice  to  him  per- 
sonally (or  by  leaving  the  same  at  his  dwelling-house  in  the 
presence  of  an  adult  member  of  his  family,  or  as  the  case  may 
be). 

Sworn  and  subscribed,  January^  Eber  Miles. 

30,  1860,  in  open  Court.         f 
James  Davis,  [ 

Prothonotary. 


36.  Decree  that  Trustee  give  New  Bond. 
In  the  Application  for  the  ^ 

DISCHARGE  OP  GeORGE  ReX, 


In  the  Common  Pleas  of  Ches- 


Surety  of  Seth  Lea,  Trustee,   I      ter  County 


&c.,  under  the  will  of  John 
Greffs:. 


Of  January  Term,  1860. 


And  now,  April  30,  1860,  It  appearing  that  the  notice  here- 
tofore directed  to  be  given  to  all  persons  interested  in  the  trust 
for  Sarah  Wills,  under  the  will  of  said  John  Gregg,  according 
to  the  order  of  the  Court,  the  Court  deem  it  reasonable  and 
proper,  and  do  direct  that  George  Rex,  surety  for  the  said 
Seth  Lea  under  said  trust,  be  discharged  from  all  further 
responsibility,  and  do  further  direct  that  the  said  Seth  Lea  do, 
on  or  before  the  tenth  day  of  June  next,  give  a  new  bond  to 
the  Commonwealth  in  the  sum  of  twenty  thousand  dollars,  with 
two  sureties  to  be  then  approved  by  the  Court,  conditioned  for 
the  performance  by  the  said  Seth  Lea  of  Lis  trust. 


TRUSTEES  AND  ASSIGNEES.  757 


In   the    Common    Pleas    of 

Chester  County. 
Of  January  Term,  1860. 


37.  Decree  removing  Trustee  for  not  giving  Bond. 
In  the  Application  for  the 

DISCHARGE  OP  GeORGE    ReX, 

Surety  for  Seth  Lea,  trustee, 
&c.,  under  the  will  of  John 
Gregg,  deceased. 

And  now,  June  11,  1860,  Seth  Lea,  trustee  of  Sarah  Wills, 
under  the  will  of  John  Gregg,  deceased,  not  having  given  new 
bond  conditioned  for  the  performance  of  his  trust  within  the 
time  heretofore  ordered  by  the  Court,  it  is  ordered  and  decreed 
that  he  be  removed  from  his  trust  as  aforesaid,  and  that  George 
Boyd  be  appointed  trustee  in  his  stead,  he  first  entering  into 
bond  to  the  Commonwealth  in  the  sum  of  twenty  thousand 
dollars,  conditioned  for  the  performance  of  his  trust,  with  two 
sureties  to  be  approved  by  the  Court. 


INDEX. 


ACCOUNT. 

Application  against  trustee  for  account,  744. 

Award  in  account  render,  69. 

Citation  from  register  to  file  in  collateral  estate,  98. 

Petition  for  review,  237. 

Precipe  in  account  render,  613. 

Triennial  of  guardian,  152. 

ACTIONS. 

Actions  Personal. 

Affidavit  and  precipe  for  special  capias,  24. 

Affidavit  on  insolvency  of  original  bail,  25. 

Agreement  for  amicable  action,  17. 

Agreement  for  amicable  action  and  confession  of  judgment,  17. 

Defendant's  bond  to  sheriff  on  capias,  20. 

Deposit  with  sheriff  in  lieu  of  bail,  24. 

Fraudulent  debtors.     Affidavit  for  warrant  of  arrest,  27. 

Bond  for  appearance  after  arrest  at  adjourned  hear 
ing,  30. 

Bond  for  benefit  of  insolvent  laws,  36. 

Bond  of  defendant  not  to  remove  property,  35. 

Bond  of  defendant  for  payment  before  expiration  of 
stay  on  judgment,  32. 

Bond  of  defendant  for  payment  after  expiration  of 
stay,  33. 

Bond  of  defendant  pending  suit,  34. 

Commitment  after  arrest,  31. 

Defendant's  counter  afiidavit,  29. 

Judge's  warrant,  28. 

Petition  for  leave  to  assign,  38. 
Leave  to  deposit  amount  of  bail  in  court  on  capias,  21. 
Notice  by  sheriff  of  bail,  &c.,  21. 
Notice  to  defendant  of  exception  to  bail,  22. 
Notice  to  sheriff  of  exception  to  bail,  22. 

(759) 


760  INDEX. 

ACTIONS— con  fiw  ued. 

Notice  of  justification  of  bail,  23. 

Notice  of  substitution  of  bail,  23. 

Precipe  and  affidavit  to  hold  to  bail,  18. 

Precipe  and  affidavit  in  trespass  against  an  unknown  defendant,  19. 

Precipe  for  special  capias  in  default  of  bail  under  rule  to  enter  additional 

bail,  26. 
Process  for  capias  to  arrest  freeholder,  26. 
Rule  to  enter  additional  bail,  26. 
Actions  Real. 

Affidavit  of  publication  of  writ  of  partition,  41. 
Petition  for  guardian  ad  litem,  39. 
Return  of  shoritF  to  writ  of  partition,  40. 

ADMINISTRATOR. 

See  Executors  akd  Administrators. 

ADOPTION. 

Decree  of  court  for  adoption  of  child,  42. 

Petition  for  child  with  parents,  41. 

Petition  for  child  without  parents,  42. 
APPRAISERS. 

See  Collateral  Inheritance  Tax.     Decedents.     Execution. 

APPRENTICES. 

Assignment  of  apprentice,  45. 

Order  to  bind,  44. 

Petition  to  bind,  43. 

Petition  to  assign  apprentice,  44. 

ARBITRATION. 

Adjournment  where  one  party  attends,  59. 

Affidavit  of  execution  of  bond,  48. 

Affidavit  endorsed  on  submission,  47. 

Affidavit  of  service  of  rule,  57. 

Affidavit  of  service  where  party  cannot  be  found   and  has  no  attorney,  57. 

Affidavit  of  possession,  and  pertinency  of  books  in  possession  of  railroad 

company,  67. 
Agreement  under  6th  section  of  Act  of  1836,  53. 
Agreement  for  rule  under  Act  of  1806,  54. 

Agreement  in  open  court,  56.  • 

Allowance  of  nonsuit,  65. 
Appeal  and  affidavit,  62. 
Arbitration  bond,  47. 
Award,  49,  60. 
Award  of  facts,  51. 
Award  under  Act  of  1806,  55. 
Award  where  substituted  arbitrator,  60. 

Award  where  arbitrator  is  substituted  one  party  being  absent,  61. 
Award  on  death  of  arbitrator  after  having  been  sworn,  61. 


INDEX.  761 

ARBITRATION— co«<iH«w/. 

Award  on  non-production  of  books,  68. 

Award  in  account,  69. 

Bond  in  case  reserving  law,  50. 

Choosing  arbitrators,  where  parties  agree,  58. 

Compulsory  rule,  56. 

Entry  of  adjournment,  59. 

Exceptions  to  award,  52. 

Fixing  arbitrators,  &c.,  where  parties  do  not  agree,  58. 

Fixing  arbitrators,  &c.,  where  but  one  party  attends,  58. 

Notice  of  award,  55. 

Notice  of  poor  party,  &c.,  64. 

Notice  to  railroad  company  to  produce  books,  66. 

Order  of  judge  allowing  poor  party  to  appeal,  64 

Order  of  arbitrators  to  produce  books,  67. 

Petition  of  poor  party  to  appeal  without  paying  costs,  63. 

Proof  of  service  to  be  endorsed  on  copy  of  record,  59. 

Reference  under  Act  of  1806,  54. 

Recognisance  on  appeal,  62. 

Rule  making  arbitration  final,  49. 

Submission,  46. 

Submission,  reserving  law,  50. 

Withdrawal  of  appeal  by  consent,  65. 

ASSIGNEES.     See  Trustees. 

ATTACHMENT. 

For  witness  before  register,  131. 

On  decree  of  payment  against  administrator,  &c.,  268. 

Order  dissolving,  of  executor  on  security,  270. 

Order  for,  on  not  producing  books  before  auditor,  285. 

Petition  for,  against  defaulting  executor,  247. 

Petition  for,  against  executor  on  non-payment  of  balance,  267. 

Petition  for,  against  administrator  about  to  abscond,  269. 

See  Domestic  Attachment.     Foreign  Attachment. 

ATTACHMENT  IN  EXECUTION. 

Claim  of  ownership  of  stock,  386. 

Order  to  admit  claimant  of  stock  to  become  a  party,  387. 

Precipe  for,  387. 

Precipe  to  levy  on  stock  in  defendant's  name,  385. 

Precipe  to  levy  on  stock  in  name  of  another  than  defendant,  384. 

Refunding  bond  for  legacy  attached,  389. 

Sheriff's  return,  388. 

AUDITOR. 

Appointment  of,  on  application  to  charge  legacy  on  part  of  land,  242. 
Appointment  of,  on  application  to  sell  real  estate  of  lunatic,  493. 
Appointment  of,  on  petition  for  sale  of  minor's  real  estate,  187. 


762  INDEX. 

AUDITOR— continued. 

Appointment  of,  on  application  to  sell  real  estate  under  Act  of  April  18, 

1853,  672. 
Order  for  attachment  for  not  producing  books,  &c.,  before  auditor,  285. 
Petition  for,  to  ascertain  liens  on  shares  on  acceptance  in  partition,  230, 
Petition  for,  to  ascertain  liens  on  shares  after  sale,  231. 
Petition  for,  to  average  assets  in  decedent's  estate,  234. 
Petition  for,  to  distribute  in  decedent's  estate,  235. 
Petition  to  Orphans'  Court  for  order  to  produce  books,  &c.,  before  auditor, 

283. 
Reference  to  auditor  on  citation  not  served,  263. 
Report  on  application  to  sell  minor's  real  estate,  187. 
Report  on  application  to  sell  real  estate  of  lunatic,  493. 
Report  on  citation  not  served,  264. 
See  County  Auditoks. 

BANKS. 

Certificate,  69. 

Notice  of  application  for  charter,  72. 

Proof  of  publicatioti  of  notice  of  application,  72. 

BONDS. 

Declaration  in  debt  assigning  breaches  on  a  bond  to  secure  the  performance 

of  an  agreement,  73. 
Declaration  on  sheriff's  bond,  79. 
Precipe  in  debt  on  sheriff's  bond,  79. 
Scire  facias  for  subsequent  breaches  after  judgment,  77. 
Suggestion  of  further  breaches,  and  precipe  for  scire  facias,  75, 
Suggestion  of  additional  plaintiff  before  judgment,  83. 
Suggestions  of  another  party  on  judgment  on  sheriff's  bond  for  further 

breaches,  84. 
Verdict  for  breaches  in  an  action  on  a  bond  to  secure  the  performance  of 

an  agreement,  75. 
Verdict,  in  action  on  bond,  83. 
See  Actions.     Akbiteation,     Constable.     Contract  of  Decedent, 

Decedents.    Divorce.    DoiMestic  Attachment.    Esteepement. 

Execution.      Foreign    Attachment.      Fraudulent    Debtor. 

Ground-Rents.    Guardian.    Insolvent.    Justice  of  the  Peace. 

Lunatics  AND  Habitual  Drunkards.    Pedler.    Practice.  Real 

Estate.     Replevin.     Railroads.     Trustees. 

BOROUGHS. 

Application  of  an  incorporated  borough  to  become  subject  to  the  provisions 

of  the  Act  of  April  3,  1851,  91. 
Confirmation  of  application  to  become  subject  to  Act  of  1851,  93. 
Complaint  for  taking  private  property  for  use  of  borough,  93. 
Complaint  for  widening  streets,  95, 
Order  of  court  incorporating,  88. 
Petition  to  incorporate,  87. 
Petition  to  change  limits  of  a  borough,  89. 


INDEX.  763 

BOnOVGUS— continued. 

Report  of  the  grand  jury,  88. 

Report  of  grand  jury  on  changing  limits,  90. 

Refusal  to  subject  borough  to  Act  of  1851.     Decree  of  court,  93. 

Recognisance  on  complaint  for  grievances  from  ordinance,  94. 

Remonstrance  against  coming  under  provisions  of  Act  of  1851,  92. 

CAPIAS. 

See  Actions  Personal. 

CITATION. 

See  Collateral  Inheritance  Tax.     Decedents.     Divorce.     ReaIi 
Estate.     Register.     Trustees.        /^      -/-'  • 

COLLATERAL  INHERITANCE  TAX.  ^i^rt<APr<X'^^  SJ f 

Appointment  of  appraiser,  97. 

Application  to  the  Orphans'  Court  on  failure  to  obey  citation,  99. 

Citation  to  file  account,  98. 

Citation  where  tax  has  not  been  paid  over,  100. 

Notice  to  executor  of  appraisement,  98. 

Petition  to  apportion,  96. 

Service  of  citation,  99. 
CONSTABLES. 

Bond  of  constable,  101. 

Deputation,  102. 

Decree  of  court  on  complaint  of  surety,  103. 

Decree  for  security,  104. 

Decree  for  removal,  105. 

Demand  for  perusal  of  warrant,  105. 

Petition  of  surety  to  inquire  into  conduct  of  constable,  102. 

Petition  to  require  freeholder  to  give  security,  104. 
CONTRACTS  OF  DECEDENTS. 

Bond  of  executor  conveying  lands  of  tenant  in  common,  116. 

Certificate  of  probate,  107. 

Decree  to  make  deed,  on  petition  of  executor,  109. 

Decree,  on  petition  of  purchaser,  114. 

Order  of  court  for  notice  and  decree  of  sufficiency  of  probate,  107. 

Petition  to  be  allowed  to  prove  in  the  Common  Pleas,  105. 

Petition  of  executors  for  leave  to  execute  deed,  108. 

Petition  of  executor  to  make  probate  of  contract,  110. 

Petition  of  executor  of  tenant  in  common,  115. 

Petition  for  specific  execution  in  Orphans'  Court  and  order  for  notice,  113. 

Proceedings  to  prove  parol  contract,  111. 

CORPORATIONS. 

Bail  on  appeal  by  corporations,  121. 
Decree  of  incorporation,  119. 
Order  of  publication,  118. 
Petition  for  incorporation,  117. 
Petition  to  amend  charter,  119. 


764  INDEX. 

CORPORATIONS— con^nuerf. 

Petition  for  sequestration,  122. 
Petition  for  discovery  of  effects,  124. 
Writ  of  sequestration,  123. 

COUNTY  AUDITORS. 

Appeal  of  treasurer  from  report,  127. 

Warrant  of  commitment  of  witness,  126. 
COUNTIES  AND  TOWNSHIPS. 

Execution  against,  125. 

Order  to  commissioners,  725. 

Order  for  vote  on  division,  &c.,  727. 

Order  of  court  after  vote,  729. 

Petition  to  divide  township,  722. 

Petition  for  new  township,  723. 

Petition  to  alter  line  of  township,  724. 

Petition  to  establish  lines,  725. 

Report  of  commissioners,  726. 

Return  of  election  officers  after  vote,  729. 

COUNTY  TREASURER. 

Decree  of  removal  of  county  treasurer,  128. 

Petition  for  removal  of  county  treasurer,  128. 
DAMAGES. 

Appeal  from  assessment  of  railroad  damages,  664. 

Bond  for  payment  of  damages,  660. 

Notice  of  filing  bond  for  damages  on  railroad,  662. 

Order  for  issue  on  appeal  from  assessment  of  railroad  damages,  664. 

Order  of  court  approving  damages  on  roads,  699. 

Order  of  court  not  approving  damages  on  roads,  700. 

Petition  for  jury  to  assess  railroad  damages,  656. 

Petition  of  railroad  company  to  approve  bond  for  damages,  662. 

Petition  for  assessment  of  road  damages,  692. 

Petition  for  jury  to  assess  damages  on  private  road,  695. 

Report  of  viewers  on  railroad  damages,  659. 

Report  of  road  damages,  692. 

Rule  to  assess  damages  in  foreign  attachment,  424. 

DECEDENTS. 

Adjudication  to  heir   accepting,  211. 

Adjudication  to  remainderman,  219. 

Affidavit  of  appraisers  for  widow,  163. 

Affidavit  of  appraiser  for  widow  of  real  estate  and  personal  property,  169. 

Appeal  from  register,  133 

Appeal  from  Register's  Court,  134. 

Appointment  of  auditor  on  petition  for  sale,  &c.,  187. 

Appointment  of  auditor  on  application  to  charge  legacy  on  part  of  land,  242. 

Appeal  from  decree,  affidavit  and  recognisance,  285. 

Application  to  dismiss  executor,  administrator  or  guardian,  254. 

Attachment  for  witness  before  register,  131. 


INDEX.  765 

DECEDENTS— conrmuec?. 

Attachment  on  decree  of  payment,  268. 

Attachment  for  not  producing  books,  284. 

Bond  of  administrator  on  sale  of  real  estate,  183. 

Bond  of  administrator  to  distribute  surplus  after  sheriff's  sale,  177. 

Bond  of  guardian  on  sale  of  land,  201. 

Bond  of  tenant  for  life  to  receive  legacy,  239. 

Bond  of  surety  on  delivery  of  estate,  251. 

Bond  of  complainant  to  sheritf  before  seizing  trust  estate  when  trustee  ab- 
sconds, &c.,  273. 

Bond  of  defendant  on  writ  of  seizure,  274. 

Caveat  against  will,  135. 

Certificate  of  probate  of  will  in  another  state,  139. 

Certificate  of  appraisers,  for  widow,  164. 

Citation  to  produce  ivill,  130. 

Citation  on  application  for  probate  of  nuncupative  will,  136. 

Citation  to  Register's  Court,  134. 

Citation  to  guardian,  156. 

Citation  to  administrator,  &c.,  259. 

Commission  to  take  depositions  to  be  read  before  register,  132. 

Conditions  of  sale,  191. 

Confirmation  of  auditor's  report  and  decree,  265. 

Declaration  of  wife  that  her  share  be  paid  to  her  husband,  &c.j  230. 

Decree  of  adjudication  to  remainderman,  219. 

Decree  for  raising  money  on  land  in  another  county,  182. 

Decree  of  court  for  sale,  in  partition,  224. 

Decree  charging  interest  of  widow  of  deceased  co-tenant  on  land  after  sale, 
218. 

Decree  awarding  wife's  share  to  husband  on  security,  228. 

Decree  of  court  appointing  trustees  for  wife's  share,  229. 

Decree  charging  legacy  on  part  of  land,  243. 

Decree  awarding  second  citation,  262. 

Decree  on  report  of  distribution,  265. 

Decree  charging  widow's  interest  on  part  of  real  estate  ;  to  be  added  to 
adjudication  or  order  of  sale  after  partition,  213. 

Decree,  where  whole  tract  is  worth  no  more  than  $300,  168. 

Decree  where  land  is  divided,  168. 

Decree  of  removal  in  case  of  executor  or  administrator,  256. 

Decree  in  case  of  guardian,  &c. ,  to  be  appointed  by  tlie  court,  256. 

Election  by  widow  of  real  estate,  164. 

Election  of  widow,  in  answer  to  citation,  288. 

Election  of  widow  to  accept  or  refuse  under  will,  289. 

Election  by  widow  to  take  both  personal  and  real  estate,  169. 

Election  by  widow  of  real  estate  where  widow  is  administratrix,  165. 

Exception  to  surety  in  administration  bond,  139. 

Exceptions  to  administration  account,  234. 

Filing  bond,  &c.,  not  payable  in  five  years,  to  continue  lien,  173. 

Fieri  facias  in  Orphans'  Court,  266. 


766  INDEX. 

BECE'D'EIiTS— continued. 

Interrogatories  before  register,  132. 

Inventory  of  minor's  estate,  151. 

Inventory  and  appraisement  of  goods,  &c.,  of  decedent,  162. 

Inventory  of  widow's  election,  163. 

Inventory  for  widow,  taking  real  estate  and  personal  property,  170. 

Letters  of  administration  de  bonis  non,  142. 

Notice  to  administratrix  of  exceptions  to  bond,  140. 

Notice  to  resident  guardian  of  application  for  his  discharge,  149. 

Notice  to  creditors  by  administrator,  &c.,  171. 

Notice  to  corporation  of  legacy,  171. 

Notice  to  administrator  not  to  pay  debt  out  of  proceeds  of  real  estate,  176. 

Nuncupative  will  made  at  home  and  probate,  137. 

Order  of  register  on  sustaining  exceptions,  141. 

Order  of  register  on  administratrix  refusing  to  give  additional  security, 

141. 
Order  of  court  authorizing  foreign  guardian  to  remove  ward's  property,  148. 
Order  of  court  discharging  resident  guardian,  150. 
Order  of  court  on  petition  of  guardian  for  discharge,  154. 
Order  discharging  guardian  after  report  of  auditors,  155. 
Order  discharging  guardian  without  auditors,  155. 
Order  citing  guardian  on  application  to  remove,  156. 
Order  of  court  for  refunding  bond,  160. 
Order  of  sale  of  real  estate  for  payment  of  debts,  1-88. 
Order  for  notice  of  application  for  sale  of  minor's  land,  201. 
Order  of  court  on  administrator  to  execute  deed,  &c.,  225. 
Order  to  executor,  &c. ,  to  give  security,  249. 
Order  vacating  letters,  250. 

Order  on  administrator  to  deliver  estate  to  surety,  250. 
Order  dissolving  attachment  of  executor  on  security,  270. 
Order  of  sale  after  sequestration,  277. 
Order  for  issue  to  Common  Pleas,  280. 
Order  for  issue  and  investment,  282. 
Order  to  produce  books,  &c.,  284. 

Order  for  an  attachment  for  not  producing  books  before  auditor,  285. 
Order  on  widow  not  appearhig  to  elect,  288. 
Petition  for  guardian  of  minor  over  fourteen,  143. 
Petition  for  guardian  of  minor  under  fourteen,  144. 
Petition  to  change  guardian,  144. 

Petition  of  executor  for  guardian  for  non-resident  minor,  145. 
Petition  of  foreign  guardian  to  be  appointed  in  this  state,  145. 
Petition  for  appointment  of  guardian  of  child  of  profligate  father,  146. 
Petition  of  foreign  guardian  to  remove  property  of  ward,  147. 
Petition  to  discharge  resident  guardian,  149. 
Petition  of  guardian  for  discharge,  153. 
Petition  for  removal  of  guardian,  155. 
Petition  for  allowance  to  minor,  157. 
Petition  for  allowance  to  non-resident  minor,  158. 


INDEX.  767 

DECEDENTS— continued. 

Petition  of  guardian  for  refunding  bond,  159. 

Petition  of  heir  to  suspend  collection  of  surplus  bond,  172. 

Petition  of  guardian  for  permission  to  invest,  176. 

Petition  for  sale  of  real  estate  for  payment  of  debts  and  exhibits,  178. 

Petition  by  creditor  to  stay  waste  on  land  of  decedent,  344. 

Petition  for  order  of  sale  to  pay  balance  on  administration  account,  180. 

Petition  for  sale,  &c.,  of  land  in  another  county,  181. 

Petition  to  Orphans'  Court  of  another  county  for  sale,  «&c.,  of  real  estate, 

184. 
Petition  of  guardian  for  sale  of  ward's  real  estate  for  maintenance,  185. 
Petition  for  sale  of  minor's  real  estate  for  improvement,  185. 
Petition  for  sale  of  minor's  real  estate  being  dilapidated,  186. 
Petition  of  purchaser  at  executor's  sale  to  pay  money  into  court,  192. 
Petition  of  purchaser  to  pay  executor,  193. 

Petition  for  clerk  to  execute  deed  on  death  of  administrator,  195. 
Petition  for  order  to  administrator  refusing  to  make  deed,  196. 
Petition  for  clerk  to  make  deed  after  order  to  administrator,  197. 
Petition  to  sell  unproductive,  &c.,  land  of  minor,  198. 
Petition  for  sale  of  land  where  minor  is  remainderman,  199. 
Petition  by  trustee,  for  sale  where  lands  are  unproductive,  200. 
Petition  to  let  minor's  land  on  ground-rent,  202. 
Petition  for  partition,  203. 
Petition  for  seven  men  to  make  partition,  204. 
Petition  for  partition  where  some  parties  are  unknown,  205. 
Petition  for  commissioners  to  divide,  206. 
Petition  for  partition  under  devise,  207. 
Petition  for  partition  of  land  held  in  common,  208. 
Petition  for  rule  on  heirs,  210. 
Petition  of  heir  offering  advance  on  valuation,  211. 
Petition  for  decree  of  payment  of  owelty,  214. 
Petition  to  value  the  interest  of  widow  of  tenant  in  common,  215. 
Petition  of  co-tenant  to  charge  widow's  interest  on  decedent's  share,  216. 
Petition  to  pay  legacy,  &c.,  to  guardian  of  minor  residing  out  of  the  state, 

291. 
Petition  for  inqtiest  where  there  is  a  life  estate,  219. 
Petition  for  order  to  enter  satisfaction  on  recognisance,  220. 
Petition  for  rule  on  heirs  for  sale,  221. 
Petition  for  order  of  sale  without  rule,  222. 
Petition  for  rule  to  accept  or  refuse,  or  for  sale,  223. 
Petition  of  successor  of  deceased  administrator  to  make  deed,  225. 
Petition  for  trustee  to  execute  order  of  sale  where  administrator  refuses 

226. 
Petition  for  trustee  to  execute  order  of  sale  where  there  is  no  administrator, 

227. 
Petition  of  husband  to  receive  wife's  share  on  securitv,  227. 
Petition  of  husband  for  trustee   for  his  wife's  share,  228. 


768  INDEX. 

DECEDENTS— co/!^/«7ierf. 

Petition  for  auditor  to  ascertain  Hens  on  shares  on  acceptance  in  partition, 

230. 
Petition  for  auditor  to  ascertain  liens  on  shares  after  sale,  231. 
Petition  to  pay  valuation  money  into  court  to  pay  liens,  232. 
Petition  by  executor  to  loan  money  of  distributee  not  giving'   refunding 

bond,  233. 
Petition  for  auditor  to  average  assets,  234. 
Petition  for  auditor  to  distribute,  235. 
Petition  to  enter  satisfaction  of  transcript,  236. 
Petition  for  review  of  account,  237. 
Petition  for  payment  of  legacy  charged  on  land,  240. 
Petition  of  devisee  to  charge  legacy  on  part  of  land,  241. 
Petition  for  discharge  of  land  when  legacy  is  extinguished,  244. 
Petition  of  administrator,  &c.,  to  be  discharged,  246. 
Petition  for  executor,  &c.,  to  give  security,  246. 
Petition  for  attachment  against  defaulting  executor,  247. 
Petition  of  sureties  of  administrator,  &c.,  for  counter  security,  248. 
Petition  for  security  from  executrix  marrying,  252. 
Petition  to  vacate  letters  where  executor  is  lunatic,  &c.,  253. 
Petition  for  discharge  of  executor  removing  from  state,  257. 
Petition  to  discharge  deceased  administrator's  estate  and  his  sureties  from 

liability,  258. 
Petition  for  citation  to  administrator,  258. 
Petition  for  execution  in  Orphans'  Court,  266. 
Petition  for  attachment  or  sequestration,  267. 
Petition  for  attachment  in  first  instance,  269. 

Petition  for  writ  of  seizure  of  trust  estate  when  trustee  absconds,  271. 
Petition  of  defendant  after  decree  to  be  admitted  to  defend,  279. 
Petition  and  affidavit  for  issue  on  distribution,  281. 
Petition  for  order  to  produce  books,  &c.,  282. 
Petition  for  order  to  produce  books,  &c.,  before  auditors,  283. 
Petition  to  supply  vacancy  on  death  of  one  of  two  executors,  trustees,  286. 
]-*etition  for  citation  to  widow  to  elect,  &c.,  287. 
Petition  of  surviving  wife  for  order  to  pay  her,  her  husband's  estate  where 

there  are  no  heirs,  289. 
Petition  to  discharge  administrator  on  account  of  sickness,  162. 
Petition  to  define  curtilage,  &c.,  to  house  demised,  292. 
Petition  for  appraisement  of  land  ordered  by  will  to  be  appraised,  293. 
Petition  to  pay  legacy  into  court,  245. 
Petition  for  guardian  for  a  minor  at  a  distance,  &c.,  290. 
Precept  from  Orphans'  Court  for  issue,  to  Common  Pleas,  280. 
Probate  of  nuncupative  will  made  from  home,  138. 
Proof  of  service  of  citation,  260. 
Proof  of  service  of  citation  on  sureties,  261. 
Proof  of  publication  of  citation,  262. 
Recognisance  to  dissolve  attachment,  270. 
Kecognisance  of  appellant  from  Register's  Court,  135. 


INDEX.  769 

DECEDENTS— con^mMpJ. 

Recognisance  of  complainant  upon  order  of  sale  on  sequestration,  278. 

Reference  to  auditor  on  citation  not  served,  263. 

Refunding  bond  of  guardian,  160. 

Refunding  bond  for  share  of  real  estate,  194. 

Refunding  bond  for  share  of  personal  estate,  238. 

Register's  citation  to  witness,  130. 

Renunciation  of  person  entitled  to  administration,  161. 

Report  of  auditor  on  application  to  sell  real  estate  of  minor,  187. 

Report  of  auditor  on  citation  not  served,  264. 

Report  of  commissioners,  293. 

Request  for  issue  on  will,  136. 

Request  of  widow  for  appraisers  of  elected  personal  property,  162. 

Return  of  division  by  appraisers,  166. 

Return  where  no  division  by  appraisers,  166. 

Return  of  appraisers  of  real  and  personal  property  for  widow,  171. 

Return  to  order  of  sale,  189. 

Return  to  order  of  sale  on  failure  of  purchaser,  190. 

Return  to  order  of  sale  where  no  buyers,  190. 

Return  of  seven  men  (or  three  men),  on  laud  held  in  common,  209. 

Return  of  citation  not  served,  261. 

Return  of  writ  of  seizure  when  executed,  275. 

Return  of  appraisers  where  whole  tract  is  worth  no  more  than  $300,  167. 

Return  of  appraisers  of  land  under  $600,  107. 

Return  of  sheriff  on  writ  of  seizure  on  security  given  by  defendant,  276. 

Scire  facias  against  executor  as  debtor  of  decedent  upon  suggestion  of  cred- 
itor, 174. 

Suggestion  of  the  existence  of  a  will,  129. 

Suggestion  of  interest  of  creditor  on  judgment  in  favor  of  testator,  174. 

Triennial  account  of  guardian,  152. 

Writ  of  seizure  of  trust  estate  when  trustee  absconds,  272. 

Writ  of  seizure  against  discharged  trustee,  276. 
DEEDS. 

Decree  to  deliver  up  or  record,  295.  [executor,  109. 

Decree  to  make,  in  performance  of  contract  of  decedent,  on  petition   of 

Decree  to  make,  on  petition  of  vendee  of  decedent,  114. 

Order  to  administrator  to  execute,  225. 

Petition  for  clerk  to  execute  on  death  of  administrator,  195. 

Petition  for  clerk  to  make,  after  order  to  administrator,  197. 

Petition  for,  on  death  of  committee  of  lunatic,  &c.,  498-500. 

Petition  of  executor  for  leave  to  execute,  under  contract  of  decedent,  108. 

Petition  for  order  to  administrator  refusing  to  make,  196. 

Petition  for,  in  partition  on  death  of  sheriff,  576. 

Petition  for,  on  refusal  of  committee  of  lunatic,  &c.,  501. 

Petition  for  sheriff  to  perfect,  406. 

Petition  for  successor  of  deceased  sheriff  to  acknowledge,  405. 

Petition  of  vendee  of  decedent  to  have  executed,  113. 

DEPOSITIONS.     See  Divorce.     Practice.     Register. 
49 


770  INDEX. 

DIVOECE. 

Affidavit  and  precipe  for  execution  for  unpaid  alimony,  317. 

Alias  subpoena,  298. 

Appeal  to  Supreme  Court,  affidavit  and  recognisance,  310. 

Bond  for  alimony,  320. 

Commission  to  examiner,  301. 

Depositions,  302. 

Decree  of  divorce,  302. 

Decree  of  divorce  ^  mensa  et  thoro,  312. 

Interrogatories,  300. 

Libel  for  desertion,  &c.,  296. 

Libel  for  adultery,  303. 

Libel  where  marriage  is  by  fraud,  304. 

Libel  on  husband's  conviction  of  felony,  305. 

Libel  where  the  marriage  is  void,  306. 

Order  on  husband  for  support,  &c.,  of  wife  pendente  lite,  309. 

Order  for  citation  on  petition  to  suspend  decree  a  mensa  et  thoro,  313. 

Order  annulling  decree,  a  mensa  et  thoro,  314. 

Order  suspending  decree,  a  mensa  et  thoro,  314. 

Order  for  a  citation  to  revive  decree,  316. 

Order  reviving  decree,  &c.,  317. 

Order  for  security  for  alimony,  319. 

Petition  on  behalf  of  wife  when  lunatic,  307. 

Petition  of  wife  for  support,  &c.,  pendente  lite,  308. 

Petition,  h  mensa  et  thoro,  311. 

Petition  to  receive  wife,  312. 

Petition  to  revive  decree,  a  mensa  et  thoro.  315. 

Petition  of  wife  for  security  for  alimony,  318. 

Proof  of  publication,  299. 

Keturn  of  sherifl'  to  subprena,  298. 

Return  of  sheriff  to  alias  subpoena,  299. 

Rule  on  husband  on  application  of  wife  for  support,  &c.,  pendente  lite,  309. 

Rule  on  petition  for  security  for  alimony,  319, 

Subpoena,  297. 

DOMESTIC  ATTACHMENT. 

Affidavit  in  case  of  one  not  an  inhabitant,  322. 

Affidavit  of  trustees,  326. 

Appeal  to  Supreme  Court,  325. 

Bond  of  trustees,  326. 

Bond  to  release  person  committed,  329 

Commitment  of  person  refusing  to  be  examined,  328, 

Order  to  deliver  books,  &c.,  330. 

Petition  for  sale  of  perishable  goods,  323. 

Petition  to  dissolve  attachment,  324. 

Precipe  and  affidavit  in  case  of  inhabitant,  321. 

Suggestion  and  affidavit  of  another  creditor,  323. 

Summons  to  persons  to  be  examined,  327. 

AVarrant  of  seizure,  331. 


INDEX.  771 

EJECTMENT. 

Notice  of  tenant  to  landlord,  332. 

Petition  of  landlord  to  become  a  party,  332. 

Petition  of  landlord  to  defend  after  judgment  by  defiiult,  333. 

Petition  of  alienee  to  become  a  party,  333. 

ELECTIONS. 

Petition  to  contest  election  of  county  or  township  officer,  348. 
Petition  to  change  place  of  election,  349. 

EMBEZZLEMENT. 

Petition  for  removal  of  county  treasurer  on  embezzlement,  349 
Petition  where  security  of  county  treasurer  is  insufficient,  350. 

EQUITY. 

Bill  of  discovery  against  defendant  in  aid  of  execution,  3.51. 

Bill  of  discovery  in  aid  of  execution,  against  defendant  and  third  person, 
353. 

Bill  of  discovery  in  aid  of  issue  at  law,  357. 

Bill  to  perpetuate  testimony,  359. 

Bill  to  perpetuate  testimony  of  lost  record,  363. 

Bill  for  account  in  partnership,  365. 

Scire  facias  against  defendant  in  execution  and  third  person  on  bill  of  dis- 
covery, 356.       f —  .  '-^  ,   <> 

ESCHEAT. 

Information,  372. 

Inquisition,  373. 

Petition  for  traverse,  374. 

Petition  for  issue  on  question  of  reward,  377. 

Precept  to  sheriff,  372. 

Replication  to  traverse  and  similiter,  377. 

Traverse  of  inquisition,  376. 

ESTREPEMENT. 

Affidavit  of  defendant,  336. 

Affidavit  where  waste  is  threatened,  338. 

Bond  of  tenant  of  decedent,  345. 

Notice  to  tenant  for  life  to  desist  from  waste,  343. 

Order  to  issue  writ  against  tenant,  339. 

Petition  of  landlord  to  stay  waste,  337. 

Petition  of  purchaser  at  sheriff's  sale  to  stay  waste,  340. 

Petition  of  mortgagee  to  stay  waste,  341. 

Petition  of  judgment  creditor  after  condemnation  to  stay  waste,  342. 

Petition  of  remainderman  to  stay  waste,  343. 

Petition  of  creditor  to  stay  waste  on  land  of  a  decedent,  344. 

Petition  of  tenant  of  decedent  to  dissolve,  &c.,  344, 

Petition  by  plaintiff  in  foreign  attachment,  to  stay  waste  in  land  attached, 

346. 
Petition  by  plaintiff  in  foreign  attachment  to  stay  waste  in  land  bound  by 

mortgage,  &c.,  attached,  347. 


772  INDEX. 

ESTREPEMENT— connViuerf. 

Precipe  and  affidavit  generally,  334. 

Precipe  and  affidavit,  working  quarries,  &c.,  certificate  of  counsel,  335. 

Recognisance  of  defendant  to  dissolve,  337. 

Writ  against  tenant,  339. 

EXECUTION. 

Acceptance  of  defendant  after  condemnation,  396. 

Affidavit  of  irregular  sale,  &c.,  394. 

Affidavit  of  non-payment  of  rent  after  acceptance,  397. 

Affidavit  of  tenant  of  title  in  himself,  413. 

Affidavit  of  tenant  of  title  from  defendant  before  judgment,  414. 

Affidavit  of  tenant  of  title  in  third  person,  414. 

Application  to  distribute  after  acceptance  by  defendant,  397. 

Application  to  sequester  life  estate,  398. 

Application  for  issue,  403. 

Bond  of  sequestrator,  399. 

Claim  of  ownership  of  stock,  and  affidavit  and  recognisance,  386. 

Election  of  plaintiff  after  condemnation,  396. 

Interpleader,  application  of  sheriff,  390. 

Interpleader,  affidavit  of  claimant,  391. 

Interpleader,  bond  of  claimant,  391. 

Interpleader,  declaration,  plea,  &c.,  392. 

Inquisition  of  lands  in  adjoining  counties,  401. 

Inquisition  for  possession  of  purchaser,  411. 

Justices'  record  in  proceedings  for  possession  of  purchaser,  410. 

Notice  of  rent  due,  395. 

Notice  to  sheriff  to  appraise  yearly  value  of  life  estate,  400. 

Notice  to  plaintiff  of  request  to  value  life  estate,  400. 

Notice  to  quit  after  sheriff's  sale,  407. 

Oath  of  person  under  whom  tenant  claims,  416. 

Order  to  admit  claimant  of  stock  to  become  a  party,  &c.,  387. 

Petition  for  the  successor  of  deceased  sheriff  to  acknowledge  deed,  405. 

Petition  for  sheriff  to  perfect  defective  deed,  406. 

Petition  to  perfect  defective  )-eturn,  407. 

Petition  to  justices  to  obtain  possession  after  sheriff's  sale,  408. 

Precipe  to  levy  on  stock  in  defendant's  name,  385. 

Precipe  for  attachment  execution,  387. 

Precipe  to  levy  on  stock  in  another's  name,  and  affidavit  and  recognisance, 

384. 
Receipt  of  lien  creditor,  purchaser,  402. 
Recognisance  for  stay,  379. 

Request  for  appraisers  of  personal  property,  380. 
Request  for  appraisers  of  real  property,  382. 
Return  of  appraisers  dividing,  382. 
Return  of  appraisers  not  dividing,  383. 
Refunding  bond  for  legacy  attached,  389. 
Return  of  sheriff  on  purchase  of  lien  creditor,  403. 


INDEX.  773 

EXECUTION— con/;nMerf. 

Refunding  boud  after  distribution  and  appeal,  404. 

Recognisance  of  persons  claiming  lands  purchased,  &c.,  416. 

Sheriff's  return  to  attachment  execution,  388. 

Suggestion  and  plea  of  freehold  for  stay  of  execution,  379. 

Suggestion  and  affidavit  for  testatum  fi.  fa.,  401. 

Summons  and  return  of  appraisers  of  personal  property,  381 

Summons  of  appraisers  of  real  property,  382. 

Summons  to  persons  under  whom  tenant  claims  to  hold,  415. 

Waiver  of  inquisition,  395. 

Warrant  to  sheriff  to  summon  jury  for  purchaser,  &c.,  409. 

Warrant  to  sheriff  to  deliver  possession,  412. 

EXECUTORS  AND  ADMINISTRATORS. 

Application  to  dismiss,  254. 

Application  to  Orphans'  Court  on  failure  to  obey  citation  to  register,  99. 

Attachment  for  not  producing  books,  284. 

Attachment  on  decree  of  non-payment  by,  268. 

Bond  on  conveying  lands  of  tenant  in  common,  116. 

Bond  of,  on  sale  of  real  estate,  1 83. 

Bond  to  distribute  surplus  after  sheriff's  sale,  177. 

Citation  to,  259. 

Citation  from  register  to  file  account  in  collateral  estate,  98. 

Citation  to,  where  collateral  inheritance  tax  has  not  been  jiaid,  100. 

Decree  of  removal  on  account  of  sickness,  &c.,  256. 

Exceptions  to  account  of,  234. 

Exceptions  to  surety  in  bond  of,  139. 

Fieri  facias  against,  in  Orphans'  Court,  266. 

Letters  of  administration  D.  B.  N.,  142. 

Notice  of  collateral  appraisement,  98. 

Notice  to  creditors  by  administrator,  &c.,  171. 

Notice  of  exceptions  to  bond,  140. 

Notice  of  legacy  to  corporation,  171. 

Notice  not  to  pay  debt  out  of  real  estate,  176. 

Order  of  court,  to  administrator  to  execute  deed,  225. 

Order  to  deliver  estate  to  surety,  250. 

Order  to  exeoutor,  &c.,  to  give  security,  249. 

Order  of  register  on  refusal  to  give  additional  security,  141. 

Order  of  register  sustaining  exceptions  to  bond,  141. 

Order  to  produce  books,  &c.,  284. 

Order  vacating  letters,  250. 

Petition  for  attachment  against  defaulting  executor,  247. 

Petition  for  discharge  of  executor  removing  from  state,  257. 

Petition  to  discharge  on  account  of  sickness,  &c.,  162. 

Petition  to  discharge  deceased  administrator's  estate  from  liability,  258, 

Petition  to  be  discharged,  246. 

Petition  for  executor,  &c.,  to  give  security,  246. 

Petition  for  sale  of  real  estate  for  payment  of  debts,  178. 


774  INDEX. 

EXECUTORS  AND  ADMINISTRATORS— conf/wuerf. 

Petition  for  sale  to  pay  balance  on  administration  acconnt,  180. 

Petition  for  sale,  &c.,  of  land  in  another  county,  181. 

Petition  for  security  from  executrix  marrying,  252. 

Petition  for  sureties  for  counter  security,  248. 

Petition  of  successor  of  deceased  administrator  to  make  deed,  225. 

Petition  to  vacate  letters  where  executor  is  lunatic,  253. 

Renunciation  of  person  entitled  to  administration,  161. 

Scire  facias  against  executor  as  debtor  of  decedent,  194. 

See  Decedents. 

EXEMPTIONS.     See  Decedents.     Execution.     Trustees. 

EEME  SOLE.     See  Lunatics  and  Habitual  Deunkaeds. 
PINES. 

Appeal  from  order  of  Quarter  Sessions  in  forfeited  recognisance,  418. 

Petition  to  remit  recognisance,  417. 

FOREIGN  ATTACHMENT. 

Application  for  order  to  sheriff  to  collect  rent,  423. 
Interrogatories  to  garnishee,  421. 
Precipe,  419. 

Precipe  for  sci.  fa.  against  garnishee,  421. 
Refunding  bond  to  executor,  garnishee,  420. 
Recognisance  of  plaintiff  before  execution,  422. 
Recognisance  to  dissolve,  423. 
Rule  to  assess  damages,  424. 

FRAUDULENT  DEBTORS.     • 

Affidavit  for  warrant  of  arrest,  27. 

Bond  for  appearance  after  arrest,  at  adjourned  hearing,  30. 

Bond  of  defendant  for  payment  before  expiration  of  stay,  32. 

Bond  of  defendant  after  expiration  of  stay,  33. 

Bond  of  defendant  pending  suit,  34. 

Bond  of  defendant  not  to  remove  property,  35. 

Bond  for  benefit  of  insolvent  laws,  36. 

Commitment  after  arrest,  31. 

Defendant's  counter  affidavit,  29. 

Judge's  warrant,  28. 

Petition  for  leave  to  assign,  38. 

GROUND-RENTS. 

Bond  of  guardian,  &c.,  on  receiving,  &c.,  427. 
Petition  for  extinguishing,  &c.,  425. 

GUARDIAN. 

Application  to  dismiss,  254. 

Appointment  on  application  to  sell  minor's  real  estate  under  Act  of  April 

18,  1853,  670. 
Bond  of,  on  receiving  ground-rent,  427. 
Bond  of,  on  sale  of  land,  201. 


INDEX.  775 

GJJ  AUDI  Al^— continued. 
Decree  dismissing,  256. 
Inventory,  151. 

Notice  to  resident  guardian  of  application  for  his  discharge,  149. 
Order  authorizing  foreign  guardian  to  remove  ward's  property,  148. 
Order  citing  guardian  on  application  to  remove,  156. 
Order  discharging  guardian  after  report  of  auditor,  155. 
Order  of  court  discharging  resident  guardian,    150. 
Order  discharging,  without  auditors,  155. 
Order  on  petition  of  guardian  for  discharge,  154. 
Order  for  refunding  bond  to  guardian,  160. 
Petition  to  change  guardian,  144. 
Petition  for  child  of  profligate  father,  146. 
Petition  to  discharge  resident  guardian,  149. 
Petition  of  executor  for  non-resident  minor,  145. 
Petition  of  foreign  guardian  to  be  appointed  in  this  state,  145. 
Petition  of  foreign  guardian  to  remove  ward's  property,  147. 
Petition  of  guardian  for  discharge,  153. 
Petition  of  guardian  for  permission  to  invest,  176. 
Petition  of  guardian  for  refunding  bond,  159. 
Petition  for  guardian  ad  litem,  39. 
Petition  to  let  ward's  land  on  ground-rent,  202. 
Petition  for  minor  over  fourteen,  143. 
Petition  for  minor  under  fourteen,  144. 
Petition  to  pay  legacy  of  minor  residing  out  of  state,  291. 
Petition  for  removal  of  guardian,  155. 

Petition  for  sale  of  ward's  real  estate^  being  dilapidated,  186. 
Petition  for  sale  of  ward's  real  estate  for  improvement,  185. 
Petition  for  sale  of  ward's  real  estate  for  maintenance,  185. 
Refunding  bond  to  guardian,  160. 

Report  of  auditor  on  application  to  sell  ward's  real  estate,  187. 
Triennial  account,  152. 

HUSBAND  AND  WIFE. 
See  Divorce. 

INQUISITION. 

Before  commissioner  of  habitual  drunkenness,  480. 

Before  commissioner  of  lunacy,  478. 

In  escheat,  373. 

Of  lands  in  adjoining  counties,  in  execution,  401. 

In  lunacy  before  judge  with  certificate  of  want  of  probable  cause,  481. 

On  non-removal  of  tenant,  457. 

For  possession  of  purchaser  under  execution,  411. 

Petition  for  traverse  in  escheat,  374. 

Petition  for  inquest,  in  partition  in  case  of  life  estate,  279. 

Traverse  of,  in  escheat,  376. 

Traverse  of,  in  lunacy,  482. 

Waiver  of,  under  execution,  395. 


776  INDEX. 

INSOLVENT. 

Application  on  consent  of  majority  of  creditors  to  exempt  property,  &c., 

435. 
Bond  to  take  benefit,  &c.,  431. 
Bond  of  trustee,  434. 
Order  to  jailer  to  discharge,  431. 
Petition  under  bread  act,  429. 
Petition  for  discharge  from  custody,  430. 
Petition  for  benefit  of  insolvent  laws,  432. 
Petition  of  insolvent  to  restore  his  estate,  &c.,  434, 
Petition  for  a  receiver,  436. 

INSURANCE. 

Petition  to  supply  lost  policy,  437. 

INTERPLEADER. 

AflSilavit  of  claimant,  391. 
Application  of  sheriff,  390, 
Bond  of  claimant,  391. 
Declaration,  plea,  &c.,  392. 
See  Execution. 

JUDGMENT. 

Amicable  scire  facias,  438. 

Amicable  scire  facias,  to  use,  &c.,  against  defendant  and  terre  tenant,  439. 

Amicable  scire  facias,  against  terre  tenant,  439, 

Amicable  scire  facias,  to  use,  on  judgment  part  paid,  440. 

Amicable  scire  facias,  on  judgment  not  due,  441. 

Amicable  scire  facias,  on  judgment  appealed  from,  441. 

Application  for  satisfaction,  &c.,  in  Philadelphia,  444. 

Precipe  for  scire  facias,  442. 

Precipe  for  scire  facias,  against  terre  tenant,  443. 

JUSTICES  OF  THE  PEACE. 

Answer  of  justice  to  complaint  for  not  paying  over,  451. 

Decree  of  court  on  appearance  for  not  paying  over,  450, 

Decree  of  court  on  default  for  not  paying  over,  451, 

Issue  on  complaint  for  not  paying  over,  452. 

Notice  to  justice  to  pay  over,  450. 

Official  bond,  445. 

Petition  for  security  on  justices'  insolvency,  445. 

Petition  for  additional  security  on  surety's  removal,  &c.,  446. 

Petition  for  counter  security,  447. 

Petition  to  compel  delivery  of  dockets,  447, 

Petition  to  obtain  possession  after  sheriflrs  sale,  408, 

Petition  on  refusal  of  justice  to  pay  over,  449, 

Petition  to  supply  lost  record,  448, 

Record  in  proceedings  for  possession  of  purchaser  at  sheriff's  sale,  410. 

Warrant  to  sheriff  to  deliver  possession,  412. 


INDEX.  7  I  7 

LANDLORD  AND  TENANT. 

Affidavit  of  appraisers  and  inventory,  454, 

Affidavit  of  third  person  of  his  title,  and  recognisance,  461. 

Affidavit  of  holding  under  co-tenant,  and  recognisance,  462. 

Allegation  of  title  in  third  person,  461. 

Complaint  to  justices  on  non-removal,  455. 

Complaint  to  justices  on  non-payment  of  rent,  463. 

Complaint  on  removal  and  refusing  to  give  security,  468. 

Consent  of  tenant  that  goods  may  remain  on  the  premises,  454. 

Inquisition  on  non-removal  of  tenant,  457. 

Notice  of  distress,  453. 

Notice  to  quit,  455. 

Notice  to  tenant  on  non-payment  of  rent,  463. 

Record  of  justices  on  non-removal,  458. 

Record  of  justices  on  non-payment  of  rent,  465. 

Record  of  justices  finding  against  landlord,  466. 

Recognisance  on  appeal  on  non-payment  of  rent,  467. 

Record  of  justices  on  refusing  to  give  security,  470. 

Record  of  one  justice  to  dispossess  tenant,  471. 

Warrant  of  distress,  453. 

Warrant  to  sheriff  to  summon  jury  and  tenant,  456. 

Warrant  of  possession,  460. 

Warrant  to  constable  to  summon  tenant  on  non-payment  of  rent,  464. 

Warrant  to  summon  tenant  on  refusing  to  give  security,  469. 

LETTERS  ROGATORY. 
See  Practice. 

LIFE  ESTATE. 

Application  to  sequester  life  estate,  398. 
Notice  to  sheriff  to  appraise  yearly  value  of  life  estate,  400. 
Notice  to  plaintiff  of  request  to  value  life  estate,  400. 
See  Decedents. 

LUNATICS  AND  HABITUAL  DRUNKARDS. 

Affidavit  of  plaintiff  to  prevent  discharge  of  lunatic,  512. 

Application  to  dismiss  committee  of  lunatic,  519. 

Application  of  wife  to  have  sole  charge  of  children,  485. 

Appointment  of  auditor  to  investigate  and  report,  on  application  to  sell 

real  estate  of  lunatic,  493. 
Bond  of  committee,  486. 

Bond  of  committee  on  sale  of  real  estate,  497. 
Bond  of  committee  selling  timber,  504. 
Bond  of  friends  of  lunatic  criminal,  517. 
Decree  of  sale,  &c.,  494. 
Decree  of  mortgage,  495. 

Decree  to  raise  money  on  land  in  another  county,  496. 
Decree  to  cut  timber,  503. 
Decree  of  specific  performance,  507. 
Decree  of  rescission,  510. 


TiO  INDEX. 

LUNATICS  AND  HABITUAL  DRU^KAUBS— continued. 

FinJing  of  justices  on  imprisonment  of  insane  defendant,  513. 

Habeas  corpus,  478. 

Inquisition  before  commissioner  of  lunacy,  478. 

Inquisition  before  commissioner  of  habitual  drunkenness,  480. 

Inquisition  before  judge  and  certificate  of  want  of  probable  cause,  481. 

Inventory,  487. 

Jailer's  notice  to  justice  on  arrest  of  insane  person,  512. 

Lunatic  married  woman,  order  to  examine,  521. 

Lunatic  married  woman,  report  of  examiners,  522. 

Lunatic  married  woman,  order  of  court,  522. 

Notice  to  relations,  &c.,  of  commission,  476. 

Notice  to  parties  to  appear,  506. 

Order  giving  mother  the  privileges  of  a  father,  486. 

Order  of  court  to  parties  to  come  in,  507. 

Order  of  court  for  appearance  for  insane  defendant,  513. 

Order  of  discharge  of  insane  defendant,  514. 

Order  to  deliver  insane  defendant  to  lunatic  asylum,  514. 

Order  appointing  assignees  on  discharge  of  insane  defendant,  515. 

Order  authorizing  arrest  of  defendant  becoming  of  sound  mind,  516. 

Order  to  enter  exoneretur  on  bail-piece  of  lunatic,  517. 

Ori^er  to  supersede,  519. 

Petition  for  commission  and  affiilavit,  472. 

Petition  for  commission  when  lunatic  is  under  restraint,  473. 

Petition  for  commission  when  lunatic  resides  out  of  the  commonwealth, 

474. 
Petition  for  commission  when  lunatic  has  no  relations,  474. 
Petition  for  commission  when  lunatic  is  absent  from  the  commonwealth, 

475. 
Petition  for  commission  on  habitual  drunkards,  476. 
Petition  where  estate  is  small,  &c.,  481. 
Petition  of  wife  of  drunkard,  &c.,  to  act  as  feme  sole,  484. 
Petition  to  apply  principal  of  personal  estate  of  lunatic  to  support,  &c., 

488. 
Petition  for  committee  for  authority  to  invest,  489. 
Petition  for  sale  of  real  estate  and  exhibits,  490. 
Petition  to  court  of  another  county  for  decree  of  sale,  497. 
Petition  for  deed  on  death  of  committee,  498. 
Petition  for  mortgage  on  death  of  committee,  499. 
Petition  for  deed  from  new  committee  on  death  of  committee,  500. 
Petition  for  deed  where  committee  refuses  and  notice,  501. 
Petition  for  sale  of  timber,  502. 

Petition  to  enforce  contract  of  lunatic  for  sale  of  land,  505. 
Petition  to  enforce  parol  contract,  508. 
Petition  to  rescind  contract,  509. 
Petition  to  discharge  lunatic  from  arrest,  511. 
Petition  of  bail  of  lunatic  for  discharge,  516. 
Petition  for  supersedeas  of  committee,  kc,  518. 


INDEX.  779 

LUNATICS  AND  HABITUAL  DRUNKARDS— con^nuerf. 
Petition  in  case  of  Innatic  married  woman,  520. 
Replication  and  similiter  to  traverse,  483. 

Report  of  auditor  on  application  to  sell  real  estate  of  lunatic,  493. 
Return  to  order  to  mortgage,  496. 
Subpoena,  477. 
Traverse  of  inquisition,  482. 
Venire,  477. 

MANDAMUS. 

Alternative  mandamus,  525. 

Demurrer,  527. 

Joinder  in  demurrer,  528. 

Judgment,  529. 

Petition,  523. 

Peremptory  niandamus,  529. 

Return  of  defendants,  527. 

Return  to  peremptory  mandamus,  53L 

MANUFACTURING  COMPANIES. 

Declaration  in  suit  against  directors,  533. 

Declaration  in  suit  against  stockholders  in  arrear,  535. 

Declaration  in  suit  against  stockholder,  536. 

Order  to  appraisers,  533. 

Order  to  assign  judgment  to  stockholdei-s,  paying,  &c.,  538. 

Petition  to  appraise  property  invested,  532. 

MARRIED  WOMEN. 

Declaration  for  improvements,  538. 
Declaration  for  necessaries,  540. 
See  Divorce.     Trustees. 

MECHANICS'  LIEN. 

Appointment  of  commissioners  by  agreement,  543. 

Appointment  of  commissioners  without  agreement,  543. 

Claim,  545. 

Claim  against  adjoining  buildings,  546. 

Claim  on  contract,  547. 

Designation  of  boundaries  of  lot,  541. 

Order  of  court  for  appointment  of  commissioners,  542. 

Petition  to  define  boundaries,  541. 

Petition  of  defendant  where  no  scire  facias  has  issued,  550. 

Precipe  for  sci.  fa.  sur  mechanics'  lien,  623. 

Report  of  commissioners,  444. 

Return  of  sheriff  to  scire  facias,  549. 

Return  of  sheriff  to  scire  facias  when  parties  arc  not  found,  549. 

Suggestion  of  additional  claim,  548. 

Suggestion  of  another  person  on  scire  facias,  550. 


780  INDEX. 

3VnLL-DAMS. 

Appointment  of  commissioners,  552. 
Petition  to  remove,  551. 
Report  of  commissioners,  553. 

MINORS. 

Application  of  wife  of  proflif^ate  husband  to  have  sole  charge  of  minor 

children,  485. 
Bond  of  guardian  on  sale  of  land,  201. 
Inventory  of  minor's  estate,  151. 

Order  giving  mother  privileges  of  a  father  as  to  minor  children,  486. 
Order  for  notice  of  application  to  sell  minor's  land,  201. 
Petition  for  allowance  to  minor,  157. 
Petition  for  allowance  to  non-resident  minor,  158. 
Petition  to  compel  infant  trustee  to  convey,  748. 
Petition  for  sale  of  minor's  real  estate  being  dilapidated,  186. 
Petition  for  sale  of  minor's  real  estate  for  improvement,  185. 
Petition  for  sale  of  minor's  real  estate  for  maintenance,  185. 
Petition  for  sale  of  laml  wliere  minor  is  remainderman,  199. 
See  Decedents.     Guardian. 

MORTGAGES. 

Amicable  scire  facias,  sur  mortgage,  559. 
Order  of  court  to  enter  satisfaction,  554. 
Order  for  issue  to  try  fact  of  satisfaction,  555. 
Petition  for  entry  of  satisfaction,  553. 
Petition  to  pay  mortgage  money  into  court,  555. 

Petition  to  enforce  payment  on  entry  of  satisfaction  of  lost  mortgage,  556. 
Petition  for  cancelling  forged  mortgage,  558. 

Receipt  endorsed  on  mortgage,  and  order  of  judge  for  entry  of  satisfac- 
tion, 557. 

NAMES. 

Decree  of  court  changing,  560. 
Petition  to  change,  559. 

NATURALIZATION. 

Declaration  of  intention,  560. 

Petition  for  naturalization  and  affidavit,  561. 

Where  applicant  came  into  country  a  minor,  562. 

OFFICES. 

Decree  of  court  as  to  further  security,  565. 
Discharge  of  original  sureties  on  further  security  given,  566. 
Order  for  issue  on  petition  for  further  security,  567. 
Petition  for  citation  to  give  further  security,  564. 
Proceedings  on  refusal  to  give  further  security,  566. 

OFFICIAL  BOND. 

See  BoxDS.     Justice  of  the  Peace. 


INDEX.  781 

ORPHANS'  COURT. 

See  Decedents.     Guardian.     Minoks. 

PARTITION. 

Acceptance  and  decree  in  case  of  life  estate,  579. 

Adjudication  without  the  consent  of  tenant  for  life,  579. 

Affidavit  as  to  unknown  parties,  573. 

Application  of  defendants  to  set  out  plaintiff's  share  only,  570. 

Declaration,  568. 

Decree  of  publication  to  parties  unknown,  573. 

Decree  upon  acceptance,  575. 

Declaration  in  case  of  life  estate,  577. 

Judgment,  569. 

Judgment  to  set  out  plaintifiPs  share,  571. 

Judgment  of  partition  for  parties  appearing,  572. 

Order  for  rule  to  accept,  574. 

Order  to  sell  after  non-acceptance,  576. 

Order  to  present  sheriff  to  perfect  title,  577. 

Petition  for  deed  on  death  of  sheriff,  576. 

Precipe,  567. 

Precipe  for  writ  de  partitione  facienda,  571. 

Suggestion  of  name  of  alienee  as  part}',  574. 

PARTNERSHIP. 

Certificate,  names  of  partners,  &c.,  580. 

PEDLER. 

Bond,  583. 

Order  granting  license,  582. 

Petition,  581. 

PETITION. 

See  Actions.  Adoption.  Apprentices.  Arbitration.  Auditor. 
Boroughs.  Collateral  Inheritance  Tax.  Constable.  Con- 
tract OF  Decedent.  Corporations.  Counties  and  Town- 
ships. County  Treasurer.  Decedents.  Divorce.  Domestic 
Attachment.  Ejectment.  Elections.  Embezzlement.  Es- 
cheat. Estrepement.  Execution.  Fines.  Fraudulent 
Debtors.  Ground-Rents.  Guardian.  Habeas  Corpus.  In- 
solvents. Insurance.  Justices  of  the  Peace.  Lunatics  and 
Habitual  Drunkards.  Mandamus.  Manufacturing  Com- 
panies. Mechanic's  Lien.  Mill-Dam.  Mortgages.  Names. 
Naturalization.  Offices.  Partition.  Pedi.er.  Practice. 
Railroads.  Real  Estate.  Roads.  Schools.  Townships. 
Trustees. 

PRACTICE. 

Abatement  of  suit  for  want  of  substitution  for  deceased  plaintiff,  596. 

Affidavit  of  defence,  584. 

Affidavit  to  produce  books,  &c.,  591. 

Affidavit  of  truth  of  petition,  611. 


782  INDEX. 

FEACTICE— continued. 

Amendment  changing  name,  589. 

Amendment  of  pleading,  590. 

Application  to  add  party.  590. 

Application  of  administrator  to  stay  proceedings  on  execution-order,  &c., 
602. 

Bond  before  issuing  attachment  against  defendant  removing,  625. 

Bill  of  costs,  611. 

Bill  of  exceptions,  612. 

Certificate  of  authentication,  Act  of  1790,  626. 

Certificate  of  authentication,  Act  of  1804,  626. 

Commission  to  take  depositions,  608. 

Defendant's  statement,  588. 

Depositions,  606. 

Declaration   and  confession  of  judgment  upon  bond  and  warrant  where 
obligee  is  dead,  596. 

Interrogatories  on  commission  to  take  depositions  and  precipe  for  rule,  607. 

Judgment  by  default  against  defendant,  purchaser  under  tax  sale  of  un- 
seated land,  598. 

Judgment  on  answer  of  garnisliee,  604. 

Letters  rogatory,  593. 

Letters  of  instruction  to  the  commissioners,  608. 

Notice  of  rule  and  suggestion,  583. 

Notice  to  take  depositions,  605. 

Notice  of  intention  to  claim  mesne  profits,  618. 

Order  for  rule  to  interplead,  585. 

Order  of  the  court  in  interpleader,  586. 

Order  requiring  security  on  judgment  against  defendant  in  interpleader,  587. 

Order  to  amend  name  of  party,  589. 

Order  on  rule,  &c.,  to  produce  books  and  papers,  592. 

Petition  for  interpleader,  584. 

Petition  of  creditors,  &c.,  for  order  on  administrator  to  apply  to  Orphans' 
Court  for  an  order  of  sale,  603. 

Plaintiff's  statement,  587. 

Plea  of  disclaimer  and  tender  in  trespass,  598. 

Plea  of  no  assets  in  suit  for  legacy,  600. 

Precipe  for  scire  facias  sur  judgment  against  a  corporation  having  assigned 
its  property,  624. 

Precipe  for  scire  facias,  to  charge  real  estate  of  decedent,  600. 

Precipe  and  affidavit  for  attachment  against  a  removing  defendant,  624. 

Precipe  for  rule  to  take  depositions,  605. 

Precipe  for  scire  facias  sur  mechanics'  lien,  623. 

Precipe  for  fieri  facias,  618. 

Precipe  for  habere  facias  possessionem,  with  clause  of  fieri  facias  for  costs, 
619. 

Precipe  for  inquiring  of  damages,  619. 

Precipe  for  scire  facias  on  mortgage,  620. 

Precipe  for  levari  facias,  620. 


INDEX.  783 

"PRACTlhE— continued. 

Precipe  in  account,  613. 

Precipe  in  assumpsit  with  affidavit  that  debt,  &c.,  is  above  $100,  614. 

Precipe  in  covenant,  614. 

Precipe  in  covenant  by  assignee,  615. 

Precipe  in  debt,  615. 

Precipe  in  debt  qui  tarn,  616. 

Precipe  in  detinue,  616. 

Precipe,  dower,  616. 

Precipe  in  ejectment,  617. 

Precipe  in  case  for  tort,  621. 

Precipe  trespass,  false  imprisonment,  621. 

Precipe  trespass  quare  clausum  f regit,  621. 

Precipe  trespass  de  bonis  asportatis,  622. 

Precipe  trespass,  assault  and  battery,  622. 

Precipe  for  venditioni  exponas,  623. 

Rule  to  show  cause,  why  books  and  papers  should  not  be  produced,  592. 

Rule  on  defendant  as  purchaser  at  sale  for  taxes  of  unseated  lands,  597. 

Scire  facias  to  bring  in  administrator  of  defendant,  595, 

Scire  facias  to  charge  real  estate  of  decedent,  601. 

Suggestion  of  equitable  plaintiff,  591. 

Suggestion  of  death  of  defendant,  substitution  and  precipe  for  scire  facias, 

594. 
Suggestion  of  death  of  plaintiff,  and  substitution  of  administrator,  594. 

PRECIPE. 

In  account  render,  613. 

In  assumpsit,  614. 

For  attachment  against  removing  defendant,  624. 

In  attachment  execution,  387. 

In  case  for  tort,  621. 

Por  capias  in  trespass  against  unknown  defendant,  19. 

For  capias  to  arrest  freeholder,  26 

In  covenant,  614. 

In  covenant  by  assignee,  615. 

In  debt,  615. 

In  debt  on  sheriff's  bond,  79. 

In  debt  qui  tarn,  616. 

In  detinue,  616. 

In  dower,  616. 

In  ejectment,  617. 

In  estrepement,  334 

In  estrepement  for  working  quarries,  &c.,  with  certificate  of  counsel,  335. 

For  fieri  facias,  618. 

In  foreign  attachment,  419. 

For  habere  facias  possessionem,  619. 

To  hold  to  bail,  18. 

For  inquiry  of  damages,  619. 


784  INDEX. 

FRECJFE— continued. 

For  levari  facias,  620. 
To  levy  on  stock  in  defendant's  name,  385. 
To  levy  on  stock  in  name  of  another  than  defendant,  384. 
In  partition,  567. 
In  replevin,  680. 
For  rule  to  take  depositions,  605. 

For  scire  facias  against  garnishee  in  foreign  attachment,  421. 
For  scire  facias  to  charge  real  estate  of  decedent,  600. 
For  scire  facias  sur  judgment,  442. 

For  scire  facias  sur  judgment  against  corporation  having  assigned  its  pro- 
perty, 624. 
For  scire  facias  sur  judgment  against  tcrre  tenant,  443. 
For  scire  facias  sur  mechanic's  lien,  623. 
For  scire  facias  sur  mortgage,  620. 
For  special  capias,  24. 

For  special  capias  in  default  of  bail  under  rule  to  enter  additional  bail,  26. 
In  trespass  assault  and  battery,  622. 
In  trespass  de  bonis  asportatis,  622. 
In  trespass,  false  imprisonment,  621. 
In  trespass  quare  clausumf regit,  621. 
For  testatum  fieri  facias,  401. 
For  venditioni  exponas,  623. 
For  writ  de  partitionefaciendd,  571. 

QUO  WARRANTO. 

Demurrer,  632. 

Disclaimer  of  defendant,  636. 

Injunction,  635. 

Joinder  in  demurrer,  633. 

Judgment  on  demurrer,  634. 

Order  to  issue  writ,  629. 

Plea,  630. 

Replication,  631. 

Rule  to  show  cause,  &c.,  629. 

Similiter,  632. 

Suggestion,  627. 

Substitution  of  another  party,  636. 

Verdict,  634. 

RAILROADS. 

AflBdavit  of  service,  638. 

Affidavit  on  non-residence,  &c.,  63S. 

Affidavit  of  publication,  639. 

Agreement  to  select  men  to  value  materials,  649. 

Appeal  of  landowner,  645. 

Appeal  from  assessment  of  damages,  664. 

Appointment  of  umpire,  650. 

Award,  652. 


INDEX.  785 

HAILHO  ADS— cmttmted. 

Bond  for  payment  of  damages,  660. 

Declaration  in  feigned  issue,  &c.,  645. 

Declaration  of  abandonment,  649. 

Decree  of  court  as  to  landing,  655. 

Lateral  railroad,  notice  of  application,  637. 

Notice  for  newspaper,  639. 

Notice  of  time  of  viewing,  642. 

Notice  in  newspaper  of  viewing,  642. 

Notice  to  landowner  of  choosing  viewers,  657. 

Notice  of  filing  bond,  662. 

Order  to  viewers,  for  damages  on  lateral  railroad,  641. 

Order  for  issue,  645. 

Order  to  appraisers,  651. 

Order  to  sheriff,  to  summon  viewers,  653. 

Order  to  viewers,  to  assess  damages  on  railroad,  658. 

Order  for  issue  on  appeal,  664. 

Petition  for  lateral  railroad,  640. 

Petition  for  appraisers  of  materials  of  person  out  of  state,  &c.,  651. 

Petition  for  use  of  lauding,  652. 

Petition  for  jury  to  assess  railroad  damages,  656. 

Petition  of  company  to  approve  bonds,  662. 

Removal  of  suit  to  another  county,  665. 

Report  of  jury  on  landing,  654. 

Report  of  viewers,  643. 

Report  of  viewers  on  damages,  659. 

Report  of  viewers  fixing  point  of  connection,  644. 

Return  of  sheriff,  654. 

Verdict  on  feigned  issue  on  lateral  railroad,  648. 

REAL  ESTATE. 

Appointment  of  auditor,  672. 

Assent  of  party,  666. 

Bond  of  trustee  for  sale,  675. 

Citation  to  parties  to  appear,  671. 

Decree  of  sale,  673. 

Decree  of  private  sale,  673. 

Decree  of  sale  and  division,  &c.,  674. 

Decree  of  allowance  out  of  accumulation,  680. 

Order  for  citation  to  appear,  and  appointment  of  guardian,  670. 

Petition  for  sale  to  bar  executory  devise,  665. 

Petition  to  let  estate  of  lunatic  on  ground-rent,  and  divide,  &c.,  667. 

Petition  to  mortgage  estate  of  person  unheard  of  for  seven  years,  668. 

Petition  for  private  sale,  669. 

Petition  to  square  and  adjust  lines,  676. 

Petition  to  purchase  lands,  &c.,  677. 

Petition  for  allowance  out  of  accumulation,  679. 

50 


786  INDEX. 

KEGISTER. 

Appeal  from  register,  133. 

Appeal  from  Register's  Court,  134. 

Attachment  for  witness  before  register,  131. 

Caveat  against  will,  135. 

Citation  on  application  for  probate  of  nuncupative  will,  136. 

Citation  by  register  to  file  account  for  collateral  inheritance  tax,  98. 

Citation  where  collateral  inheritance  tax  has  not  been  paid  over,  100. 

Citation  to  produce  will,  130. 

Citation  to  Register's  Court,  134. 

Commission  to  take  depositions  to  be  read  before  register,  132. 

Exceptions  to  surety  in  administration  bond,  139, 

Interrogatories  before  register,  132. 

Letters  of  administration  de  bonis  non,  142. 

Notice  to  administrator  of  exceptions  to  bond,  140. 

Nuncupative  will  made  at  home  and  probate,  137. 

Order  on  administrator  refusing  to  give  additional  security,  141. 

Order  sustaining  exceptions  to  administration  bond,  141. 

Probate  of  nuncupative  will  from  home,  138. 

Recognisance  of  appellant  from  Register's  Court,  135. 

Register's  citation  to  witness,  130. 

Renunciation  of  person  entitled  to  administration,  161. 

Request  for  issue  on  will,  136. 

Suggestion  of  existence  of  will,  129. 

See  COLLATEEAL  INHERITANCE  TaX.       DeCEDENTS.       WlLL. 

REPLEVIN. 

Appraisement,  681. 

Bond,  682. 

Claim  of  property  on  bond,  683. 

Precipe,  680. 

ROADS. 

Appointment  of  viewers  on  vacating  road  in  town  plot,  704. 

Decree  of  court  on  application  to  participate  in  private  road,  697. 

Notice  of  view,  684. 

Order  to  six  viewers,  685. 

Order  to  three  viewers,  686. 

Order  to  lay  out  and  vacate,  689. 

Order  confirming  private  road,  694. 

Order  on  report  of  viewers  for  swinging  gates,  696. 

Order  of  court  confirming  road  and  approving  damages,  699. 

Order  of  court  not  approving  damages,  700. 

Petition  for  jury  of  view,  684. 

Petition  to  lay  out  and  vacate,  688. 

Petition  for  assessment  of  damages,  692. 

Petition  for  a  private  road,  693. 

Petition  for  jury  to  assess  damages  on  private  road,  695. 

Petition  for  swinging  gates,  695. 


INDEX.  787 

ROADS — continued. 

Petition  to  use  private  road,  696. 

Petition  for  private  road  under  ground,  698. 

Petition  to  vacate,  700. 

Petition  to  change  route,  701. 

Petition  to  vacate  before  opening,  701. 

Petition  to  vacate  by  prescription,  702. 

Petition  to  vacate  public  road  on  town  plot,  702. 

Petition  to  vacate  private  road  on  town  plot,  704. 

Petition  to  vacate  road  partly  opened,  705. 

Petition  to  vacate  street  in  unincorporated  village,  705. 

Petition  to  widen,  706. 

Petition  for  a  bridge,  706. 

Petition  for  inspectors  of  bridge,  707. 

Petition  for  review,  709. 

Proof  of  publication,  703. 

Report  of  viewers,  691. 

Report  of  damages,  692. 

Report  of  private  road,  693. 

Report  for  private  road  under  ground,  698. 

Report  of  inspectors  of  bridge,  707. 

Report  of  inspectors  of  bridge  built  by  commissioners,  708. 

Rule  on  parties  to  appear  in  application  to  vacate  road  in  town  plot,  703. 

Rule  on  contractor  after  report  of  inspectors,  708. 

SCHOOLS. 

Decree  annulling  independent  district,  716. 

Decree  confirming  independent  district,  716. 

Decree  discontinuing  an  independent  district,  718. 

Decree  continuing  an  independent  district,  719. 

Order  for  writ  to  collect  judgment  against  school  district,  709. 

Order  to  commissioners  on  independent  school  district,  711. 

Order  of  confirmation  of  report  of  commissioners,  713. 

Order  of  court  on  application  to  annul  independent  district,  715. 

Order  on  application  to  abolish  independent  district,  718. 

Order  to  viewer,  720. 

Petition  for  indendent  school  district,  711. 

Petition  to  open  decree  and  annul  independent  school  district,  714. 

Petition  to  assess  damages  for  a  school-house  lot,  719. 

Petition  to  abolish  independent  district,  717. 

Report  of  commissioners  on  independent  school  district,  713. 

Report  of  viewers  of  land  taken  for  school  purposes,  721. 

Writ  to  collect  judgment  against  school  district,  710. 

SCIRE  FACIAS. 

Amicable  scire  facias,  sur  judgment,  438. 

Amicable  scire  facias,  to  use  against  defendant  and  tcrre  tenant,  439. 

Amicable  scire  facias  against  terre  tenant,  439. 

Amicable  scire  facias  to  use  on  judgment  part  paid,  440. 


788  INDEX. 

SCIRE  FACIAS— continued. 

Amicable  scire  facias  on  judgment  not  due,  441. 

Amicable  scire  facias  on  jud<;ment  appealed  from,  441. 

Amicable  scire  facias  sur  mortgage,  559. 

Petition  of  defendant  where  no  scire  facias  issued  on  mechanic's  lien,  550. 

Precipe  for  scire  facias,  sur  judgment,  442. 

Precipe  for  scire  facias  against  terre  tenant,  443. 

Precipe  for  scire  facias  to  charge  real  estate  of  decedent,  600. 

Precipe  for  scire  facias  sur  mechanic's  lien,  623. 

Precipe  for  scire  facias  on  mortgage,  620. 

Return  of  sheriff  to  scire  facias  on  mechanic's  lien,  549. 

Return  of  sheriff  to  scire  facias  on  mechanic's  lien  when  parties  are  not 

bound,  549. 
Scire  facias  for  subsequent  breaches  after  judgment,  77. 
Scire  facias  against  the  executor  as  debtor  of  decedent  upon  suggestion  of 

creditor,  174. 
Scire  facias  to  bring  in  administrator  of  defendant,  595. 
Scire  facias  to  charge  real  estate  of  decedent,  601. 
Suggestion  of  another  person  on  scire  facias  on  mechanic's  lien,  550. 
Suggestion  of  further  breaches  and  precipe  for  scire  facias  on  bond,  75. 

SEQUESTRATION. 

Application  to  sequester  life  estate,  398. 
Bond  of  sequestrator,  399. 
Petition  for  sequestration  (corporations),  122. 
Writ  of  sequestration,  123. 

SHERIFF. 

See  Actions.  Attachment  in  Execution.  Bonds.  Decedents. 
Divorce.  Execution.  Foreign  Attachment.  Justices  of  the 
Peace.  Landlord  and  Tenant.  Mechanic's  Lien.  Parti- 
tion.    Railroads.     Scire  Facias. 

SHERIFF'S  SALE. 

Affidavit  of  tenant  of  title  in  himself,  413. 

Affidavit  of  tenant  of  title  from  defendant  before  judgment,  414. 

Affidavit  of  tenant  of  title  in  third  person,  414. 

Inquisition  for  possession  of  purchaser,  411. 

Justices'  record  in  proceedings  for  possession  of  purchaser,  410. 

Notice  to  quit  after  sheriff's  sale,  407. 

Oath  of  person  under  whom  tenant  claims,  416. 

Petition  to  justices  to  obtain  possession  after  sherifFs  sale,  408. 

Receipt  of  lien  creditor  purchaser,  402. 

Return  of  sheriff  on  purchase  of  lien  creditor,  403. 

Recognisance  of  persons  claiming  lands  purchased,  &c.,  416. 

Summons  to  persons  under  whom  tenant  claims  to  hold,  415. 

Warrant  to  sheriff  to  summon  jury  for  purchaser,  &c.,  409. 

Warrant  to  sheriff  to  deliver  possession,  412. 

STAY  OF  EXECUTION. 
See  Execution. 


INDEX.  789 

SUGGESTION. 

Of  additional  claim  on  mechanic's  lien,  548. 

Of  additional  plaintiffs  before  judgment,  83. 

And  affidavit  of  another  creditor,  323. 

Of  affidavit  for  testatum  fieri  facias,  401. 

Of  another  party  on  judgment  on  sherifTs  bond  for  further  breaches,  84. 

Of  another  person  on  scire  facias  on  mechanic's  lien,  550. 

Of  death  of  plaintiff,  substitution  of  administration,  594. 

Of  death  of  defendant,  substitution  and  precipe  for  scire  facias,  594. 

Of  existence  of  will,  129. 

Of  equitable  plaintiff,  591, 

Of  further  breaches,  and  precipe  for  scire  facias  on  bond,  75. 

Of  interest  of  creditor  on  judgment  in  favor  of  testator,  174. 

Of  name  of  alienee  as  party  in  partition,  574. 

And  plea  of  freeholder  for  stay  of  execution,  379. 

In  quo  warranto,  62.", 

TOWNSHIPS. 

Order  to  commissioners,  725. 
Order  for  vote  on  division,  727. 
Order  of  court  after  vote,  729. 
Petition  to  divide  township,  722. 
Petition  for  new  township,  723. 
Petition  to  alter  line,  724. 
Petition  to  establish  lines,  725. 
Report  of  commissioners,  726. 
Return  of  election  officers  after  vote,  729. 

TRUSTEES. 

Application  of  sureties  of  discharged  trustee  to  be  discharged,  742. 

Appointment  of  new  trustees,  741. 

Application  against  trustee  for  account,  744. 

Application  to  compel  trustees  to  record  deed  of  trust,  749. 

Bond  of  assignee,  732. 

Decree  that  trustee  give  new  bond,  756. 

Decree  removing  trustee  for  not  giving  bond,  757. 

Discharge  of  trustee  on  his  request,  and  order  to  deliver  estate,  739. 

Notice  to  trustee  of  presentation  of  the  petition,  755. 

Oath  of  appraisers,  and  inventWv  with  affidavit  of  assignee,  730. 

Order  appointing  appraisers,  73^ 

Order  for  citation  to  lunatic,  &c.,  trustee,  737. 

Order  to  deliver  books,  &c.,  on  dismissal,  737. 

Order  of  notice,  &c.,  on  application  of  trustee  for  discharge,  739. 

Order  of  notice  for  appointment  of  assignee,  741. 

Order  for  citation  to  cestui  que  trust,  on  application  of  trustee  for  discharge, 

744. 
Order  discharging  trustee  on  execution  of  trust,  744. 
Order  to  apply  personal  estate  to  improvement  of  real  estate,  753. 
Petition  for  appraisers  of  property  assigned  to  creditors,  729. 


790  INDEX. 

TUVSTE'ES— continued. 

Petition  of  assignor  to  have  articles  set  aside,  &c.,  732. 

Petition  for  citation  to  assignee  to  settle  account,  733. 

Petition  to  dismiss  trustee  for  default,  &c.,  734. 

Petition  to  dismiss  assignee  on  surety  failing  or  removing,  735. 

Petiton  for  appointment  of  temporary  trustee,  736. 

Petition  to  dismiss  where  trustee  is  lunatic,  736. 

Petition  of  trustee  to  be  discharged,  738. 

Petition  to  fill  vacant  trust,  740. 

Petition  of  trustee  for  discharge  on  execution  of  trust,  743. 

Petition  for  dismissal  of  trustee  under  Act  of  April  7,  1859,  745. 

Petition  of  sureties  for  citation  and  discharge  of  trustees,  754. 

Petition  to  fill  vacant  trust,  746. 

Petition  to  fill  trust  after  renunciation  of  executor  trustee,  747. 

Petition  to  compel  infant  trustee  to  convey,  748. 

Petition  to  apply  personal  estate  to  improve  real  estate,  750. 

Petition  to  apply  personal  estate  to  improve  real  estate  where  owners  are 

different,  751. 
Petition  of  married  woman  for  trustee,  753. 
Proof  of  service  endorsed  on  notice,  756. 
See  Decedents. 

WASTE. 

See  ESTEEPEMENT. 

WIDOW. 

Affidavit  of  appraisers  for  widow,  163. 

Affidavit  of  appraisers  for  widow  of  real  estate  and  personal  property,  169. 

Certificate  for  appraisers  for  widow,  164. 

Decree  of  adjudication  where  land  is  divided,  168. 

Decree  of  adjudication  to  widow  where  whole  tract  is  worth  no  more  than 

$300,  168. 
Decree  charging  interest  of  widow  of  deceased  co-tenant   on    land  after 

sale,  218. 
Decree  charging  widow's  interest  on  part  of  real  estate,  213. 
Election  by  widow  of  real  estate,  164. 
Election  of  widow  in  answer  to  citation,  288. 

Election  by  widow  of  real  estate  where  widow  is  administratrix,  165. 
Election  by  widow  to  accept  or  refuse  under  will,  289. 
Election  by  widow  to  take  both  personal  and  real  estate,  169. 
Inventory  of  widow's  election,  163. 

Inventory  of  widow  taking  real  estate  and  personal  property,  170. 
Order  on  widow  not  appearing  to  elect,  288. 
Petition  for  citation  to  widow  to  elect,  &c.,  287. 

Petition  of  co-tenant  to  charge  widow's  interest  on  decedent's  share,  216. 
Petition  to  value  the  interest  of  widow  of  tenant  in  common,  215. 
Return  of  appraiser  of  real  estate  and  personal  property  for  widow,  171. 
WILL. 

Caveat  against,  135. 


INDEX.  791 

WILL — continued. 

Certificate  of  probate  in  another  state,  139. 

Citation  on  application  for  probate  of  nuncupative  will,  136. 

Citation  to  produce  will,  130. 

Election  of  widow  to  accept,  &c.,  under  will,  289. 

Nuncupative  will  made  at  home,  137. 

Petition  for  citation  to  widow  to  elect  to  take  or  refuse  under  will,  287. 

Probate  of  nuncupative  will  made  from  home,  138. 

Request  for  issue  on  will,  136. 

Suggestion  of  existence  of  will,  129. 

See  Decedents.     Register.     Trustees. 


THE  END. 


^ 


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